Paragraph 2

(1)

Any seized equipment may be retained—

(a)

during the period of twenty-eight 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)

he is sentenced or otherwise dealt with for the offence 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 8 of this Act 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.

Notes on Schedule

I1: Sch. wholly in force; Sch. not in force at Royal Assent see s. 14(2); Sch. in force for England and Wales for specified purposes at 19.9.1996 by S.I. 1996/2219, art. 3; Sch. in force at 23.7.1997 insofar as not already in force for England and Wales by S.I. 1997/1695, art. 2; Sch. in force at 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2

E1: In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in s. 14; see 14(4)