PART 11Administration, enforcement and supplementary powers
Enforcement powers
175Detention and seizure under CEMA 1979: notice requirements etc
1
CEMA 1979 is amended as follows.
2
Schedule 2A (detention of things as liable to forfeiture) is amended as set out in subsections (3) and (4).
3
In paragraph 3(2) (exceptions to requirement of notice of detention)—
a
omit the “or” at the end of paragraph (b), and after that paragraph insert—
ba
a person who has (or appears to have) possession or control of the thing being detained,
b
in paragraph (c), after “on” insert “
or from
”
;
c
at the end insert
, or
d
in the case of any thing detained on or from a vehicle, the driver of the vehicle.
4
In paragraph 4(2) (unauthorised removal or disposal of things detained: definition of “responsible person”), for paragraphs (a) and (b) substitute—
a
the person whose offence or suspected offence occasioned the detention,
b
the owner or any of the owners of the thing detained or any servant or agent of such an owner,
c
a person who has (or appears to have) possession or control of the thing being detained,
d
in the case of any thing detained on a ship or aircraft, the master or commander,
e
in the case of any thing detained on a vehicle, the driver of the vehicle, or
f
a person whom the person who detains the thing reasonably believes to be a person within any of paragraphs (a) to (e).
5
In Schedule 3 (seizure and forfeiture), in paragraph 1(2) (exceptions to requirement of notice of seizure)—
a
after paragraph (b) insert—
ba
a person who has (or appears to have) possession or control of the thing being seized; or
b
in paragraph (c), for “in” substitute “
on or from
”
;
c
at the end insert
; or
d
in the case of any thing seized on or from a vehicle, the driver of the vehicle.
6
The amendments made by this section have effect in relation to things detained or seized on or after the day on which this Act is passed.