The Armed Forces (Disposal of Property) Regulations 2023
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Change 1
6 Disposal of property subject to deprivation order: on determination of commanding officer of offender
(1) Where any property is in the possession of the service police or a person’s commanding officer after a deprivation order has been made in relation to it by that commanding officer, this regulation applies. (2) Where an application for a determination under paragraph (3) has been made by a person claiming to be the owner of the property by sending it to an offender’s commanding officer, that commanding officer may make a determination under paragraph (3). (3) A commanding officer may make a determination for delivery of the property to the person appearing to the commanding officer to be the owner of the property if the conditions in section 94A(3) of the Act are met. (4) Where no application has been made under paragraph (2) within 6 months of the deprivation order having been made, or if such an application has been made within that period, it was not successful, a commanding officer may make a determination under paragraph (5) where— (a) an application for a determination under paragraph (5) has been made by a service policeman by sending it to the offender’s commanding officer, or (b) the property is in the possession of the commanding officer, of that officer’s own motion. (5) A commanding officer may make any determination for the disposal of the property, including delivering it to the service police for destruction, retention or sale, as the commanding officer considers appropriate. (6) Before making a determination the commanding officer must invite representations concerning the disposal of the property from the service police, unless a service policeman is the applicant. (7) Where a determination is made under paragraph (3) or (5), the commanding officer must send a copy of it to— (a) the person who applied for the order; (b) the service police in possession of the property (unless a service policeman is the applicant). (8) A determination made under paragraph (3) or (5) cannot take effect until the time limit for an appeal under regulation 10 has expired with no appeal being made, or where an appeal has been made under that regulation, until the appeal has been determined. (9) Where the offender has, within 6 months of the deprivation order being made, appealed against— (a) the award of that deprivation order, or (b) the finding that the charge has been proven for which that deprivation order was awarded, the property may not be disposed of until the appeal has been determined.
6 Disposal of property subject to deprivation order: on determination of commanding officer of offender
(1) Where any property is in the possession of the service police or a person’s commanding officer after a deprivation order has been made in relation to it by that commanding officer, this regulation applies. (2) Where an application for a determination under paragraph (3) has been made by a person claiming to be the owner of the property by sending it to an offender’s commanding officer, that commanding officer may make a determination under paragraph (3). (3) A commanding officer may make a determination for delivery of the property to the person appearing to the commanding officer to be the owner of the property if the conditions in section 94A(3) of the Act are met. (4) Where no application has been made under paragraph (2) within 6 months of the deprivation order having been made, or if such an application has been made within that period, it was not successful, a commanding officer may make a determination under paragraph (5) where— (a) an application for a determination under paragraph (5) has been made by a service policeman by sending it to the offender’s commanding officer, or (b) the property is in the possession of the commanding officer, of that officer’s own motion. (5) A commanding officer may make any determination for the disposal of the property, including delivering it to the service police for destruction, retention or sale, as the commanding officer considers appropriate. (6) Before making a determination the commanding officer must invite representations concerning the disposal of the property from the service police, unless a service policeman is the applicant. (7) Where a determination is made under paragraph (3) or (5), the commanding officer must send a copy of it to— (a) the person who applied for the order; (b) the service police in possession of the property (unless a service policeman is the applicant). (8) A determination made under paragraph (3) or (5) cannot take effect until the time limit for an appeal under regulation 10 has expired with no appeal being made, or where an appeal has been made under that regulation, until the appeal has been determined. (9) Where the offender has, within 6 months of the deprivation order being made, appealed against— (a) the award of that deprivation order, or (b) the finding that the charge has been proven for which that deprivation order was awarded, the property may not be disposed of until the appeal has been determined.
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