Regulation 41 Seizure noticesE1

An inspector must follow the procedures set out in this regulation when seizing anything under these Regulations.

The inspector must serve on the person appearing to be in charge of the seized F1item a notice (referred to in these Regulations as a “seizure notice”)—

An inspector who is not able to remove F2items seized immediately may mark the items in any way, and serve a notice on the person in charge of the items identifying them, and prohibiting the removal of the items from the premises until they are collected by an inspector, and no person other than an inspector may remove items identified under this paragraph from the premises.

The person on whom the seizure notice was served or the owner of the seized F3item may, within 28 days of seizure, notify any claim that the item was not liable to seizure to the Secretary of State at the address specified in the seizure notice, setting out the grounds in full.

If a notification of a claim is not received within 28 days, the Secretary of State may destroy the F4item.

If a notification of a claim is received within 28 days, then, unless the F5item seized is being held for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, the Secretary of State must either return the item or take proceedings for an order for the confirmation of the seizure notice and the destruction of the F6item in a magistrates’ court (or, in Scotland, the sheriff court), and if the court confirms the notice it must order its destruction.

The procedure in a magistrates’ court under this regulation is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.

The procedure before the sheriff is by summary application.

The person on whom the seizure notice was served is liable for the costs of transport, storage for up to 28 days and destruction of the F7item seized unless a claim is made to a court and the court directs otherwise.