Police (Property) Act 1997
| Jurisdiction | UK Non-devolved |
| Citation | 1997 c. 30 |
| Year | 1997 |
(1) Section 2 of the (2) After subsection (2) there is inserted—“ section 2 ” ,after “may” there is inserted “ subject to paragraph (8A) ” , andafter “provision for disposal” there is inserted “ (including disposal by vesting in the Police Authority for Northern Ireland) ” .(3) After that paragraph there is inserted—“ with their investigation of a suspected offence ” .(2) Section 3(2) of that Act (which modified references to the Secretary of State in the application of the Act to Northern Ireland and is spent) is hereby repealed.Section 9 of the Constabulary (Ireland) Act 1874 (which makes provision as to unclaimed money and goods found or stolen) is hereby repealed. (1) The (2) In section 80 (application of Part VII of that Act) , for paragraph (b) of subsection (2) there is substituted—“ property to which this Part of this Act applies ” ; andat the end there is added “ (the property being regarded, for the purposes of those provisions, as being found by the constable arresting or detaining the person so taken) ” .(4) After Part VII there is inserted the following Part—
- “(2A) The regulations may also provide that where, in the case of property other than money—
- (a) the property has remained in the possession of the police for a year,
- (b) the police would under the regulations have power to sell the property,
- (c) in the opinion of the relevant authority, the property can be used for police purposes, and
- (d) the relevant authority determine, in such manner as may be prescribed by the regulations, that the property is to be retained by the authority, the relevant authority is to become the owner of the property on the making of the determination or at such later time as the regulations may specify.
- “(4A) The regulations may also provide for the publication of determinations falling within subsection (2A) (d) above.
- “(6) In relation to England and Wales, the power to make regulations under this section is exercisable by statutory instrument; and a statutory instrument made in the exercise of that power is subject to annulment in pursuance of a resolution of either House of Parliament.
- (7) In relation to Northern Ireland, the power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and regulations made in the exercise of that power are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall have effect accordingly.
- “(8A) The regulations may not provide for the vesting in the Police Authority for Northern Ireland of property in relation to which an order has been made under Article 12.
- (8B) Nothing in subsection (2A) (a) or (3) of section 2 of the Police (Property) Act 1897 limits the power to make regulations under that section by virtue of paragraph (8) .
- (b) property which the prosecutor determines is or may be required as a production in criminal proceedings or which he determines is or may be required for any other purpose relating to such proceedings;
- “(1) Subject to subsection (2) below, this Part of this Act applies to property to which, by virtue only of paragraph (a) or (b) of section 80(2) of this Act, Part VII of this Act does not apply.
- (2) This Part of this Act does not apply to property—
- (a) possession of which has passed to the prosecutor and is for the time being...
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