# Antisocial Behaviour etc. (Scotland) Act 2004, Paragraph 2


(1) Any seized equipment may be retained—
(a) during the period of 28 days beginning with the seizure; or
(b) if it is related equipment in proceedings for a noise offence instituted within that period against any person, until—
(i) that person is sentenced or otherwise dealt with for, or acquitted of, the offence; or
(ii) the proceedings are discontinued.
(2) Sub-paragraph (1) does not authorise the retention of seized equipment if—
(a) a person has been given a fixed penalty notice under section 46 in respect of any noise;
(b) the equipment was seized because of its use in the emission of the noise in respect of which the fixed penalty notice was given; and
(c) that person has paid the fixed penalty before the end of the period allowed for its payment.

---
Source: https://www.legislation.gov.uk/asp/2004/8/schedule/1/paragraph/2 (the official version)
Page: https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004/schedule-1/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.