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.