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Change 1
As published
85AD Section 85AC: supplementary
(1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) , (6A)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(2) Subsection (3) applies where a person—
(a) seizes, retains or disposes of an item within subsection (2A) under section 85AC; and
(b) proves that the seizure, retention or disposal was lawful.
(2A) The items referred to in subsection (2)(a) are—
(a) alcohol or its container;
(b) a controlled drug;
(c) a stolen article;
(d) an article that is a prohibited item by virtue of section 85AA(3)(ea).
(2B) Subsection (3) also applies where a person—
(a) erases data or a file from an electronic device under section 85AC(6D); and
(b) proves that the erasure was lawful.
(3) That person is not liable in any proceedings in respect of—
(a) the seizure, retention , disposal or erasure ; or
(b) any damage or loss which arises in consequence of it.
(4) Subsections (2) , (2B) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.
(5) Regulations under section 85AC(7) may make provision corresponding to any provision of this section.
Your change, as a redline
85AD Section 85AC: supplementary
(1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) , (6A)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(2) Subsection (3) applies where a person—
(a) seizes, retains or disposes of an item within subsection (2A) under section 85AC; and
(b) proves that the seizure, retention or disposal was lawful.
(2A) The items referred to in subsection (2)(a) are—
(a) alcohol or its container;
(b) a controlled drug;
(c) a stolen article;
(d) an article that is a prohibited item by virtue of section 85AA(3)(ea).
(2B) Subsection (3) also applies where a person—
(a) erases data or a file from an electronic device under section 85AC(6D); and
(b) proves that the erasure was lawful.
(3) That person is not liable in any proceedings in respect of—
(a) the seizure, retention , disposal or erasure ; or
(b) any damage or loss which arises in consequence of it.
(4) Subsections (2) , (2B) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.
(5) Regulations under section 85AC(7) may make provision corresponding to any provision of this section.
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