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Change 1
As published
110C Handling of seized property
(1) Where property has been seized under section 110A on behalf of SEPA or a waste collection authority, the authority on whose behalf it was seized (the “responsible authority”) may remove the seized property to a place which it considers appropriate.
(2) The responsible authority must—
(a) deal with any seized property in accordance with regulations made by the Scottish Ministers, and
(b) in so doing, have regard to any guidance issued by the Scottish Ministers.
(3) Regulations under subsection (2)(a)—
(a) must set out—
(i) the duties of a responsible authority in relation to the safe custody of seized property,
(ii) the circumstances in which seized property must be returned to a person claiming entitlement to it,
(iii) the circumstances in which a responsible authority may sell, destroy or otherwise dispose of seized property, and
(iv) the uses to which the proceeds of any sale may be put,
(b) must require a responsible authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed,
(c) must require a responsible authority to wait for a period specified in the regulations before selling, destroying or otherwise disposing of seized property, with that period beginning only once the responsible authority has taken steps specified in the regulations to inform anyone who may be entitled to the seized property in question that it has been seized and how a claim for its return may be made,
(d) may—
(i) provide for exceptions to the requirements described by paragraphs (b) and (c),
(ii) include any other provision that the Scottish Ministers consider appropriate.
(4) Regulations under subsection (2)(a) are subject to the affirmative procedure.
Your change, as a redline
110C Handling of seized property
(1) Where property has been seized under section 110A on behalf of SEPA or a waste collection authority, the authority on whose behalf it was seized (the “responsible authority”) may remove the seized property to a place which it considers appropriate.
(2) The responsible authority must—
(a) deal with any seized property in accordance with regulations made by the Scottish Ministers, and
(b) in so doing, have regard to any guidance issued by the Scottish Ministers.
(3) Regulations under subsection (2)(a)—
(a) must set out—
(i) the duties of a responsible authority in relation to the safe custody of seized property,
(ii) the circumstances in which seized property must be returned to a person claiming entitlement to it,
(iii) the circumstances in which a responsible authority may sell, destroy or otherwise dispose of seized property, and
(iv) the uses to which the proceeds of any sale may be put,
(b) must require a responsible authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed,
(c) must require a responsible authority to wait for a period specified in the regulations before selling, destroying or otherwise disposing of seized property, with that period beginning only once the responsible authority has taken steps specified in the regulations to inform anyone who may be entitled to the seized property in question that it has been seized and how a claim for its return may be made,
(d) may—
(i) provide for exceptions to the requirements described by paragraphs (b) and (c),
(ii) include any other provision that the Scottish Ministers consider appropriate.
(4) Regulations under subsection (2)(a) are subject to the affirmative procedure.
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