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5. On or after the Commencement Date a Counterpart, Community counterpart or section 109A counterpart may be destroyed by a court, traffic commissioner or the Secretary of State if it—
(a)was seized by, surrendered to, produced to or otherwise came to be lawfully held by that court, traffic commissioner or by the Secretary of State prior to the Commencement Date and was not required to be returned prior to the Commencement Date; or
(b)was seized by, surrendered to, produced to or otherwise came to be lawfully held by that court, traffic commissioner or by the Secretary of State on or after the Commencement Date.
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