Police (Property) Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/1908 |
1997 No. 1908
POLICE
The Police (Property) Regulations 1997
Made 31th July 1997
Laid before Parliament 7th August 1997
Coming into force 1st September 1997
The Secretary of State, in pursuance of section 2 of the Police (Property) Act 18971, and section 43(5), (6) and (7) of the Powers of Criminal Courts Act 19732, hereby makes the following Regulations:
1. These Regulations may be cited as the Police (Property) Regulations 1997 and shall come into force on 1st September 1997.
2. The Police (Disposal of Property) Regulations 19753are hereby revoked.
3. In these Regulations:
“the relevant authority” means
(a) in relation to a police area in England and Wales listed in Schedule 1 to the Police Act 19964or the City of London police area, the police authority (within the meaning of that Act);
(b) in relation to the metropolitan police district, the Receiver for the Metropolitan Police District;
“the 1897 Act” means the Police (Property) Act 1897.
4.—(1) Subject to regulation 5 below, this regulation applies to property in the possession of the police to which the 1897 Act applies in respect of which the owner has not been ascertained and no order of a competent court has been made.
(2) Subject to section 2(3) of the 1897 Act (which provides for the sale of property which is perishable or the custody of which involves unreasonable expense or inconvenience) property to which this regulation applies shall not be disposed of until it has remained in the possession of the police for a year.
5.—(1) This regulation applies to property which is in the possession of the police by virtue of section 43 of the Powers of Criminal Courts Act 1973 and in respect of which no application by a claimant has been made within six months of the making of the order under that section or no such application has succeeded.
(2) Subject to section 2(3) of the 1897 Act, property to which this regulation applies shall not be disposed of until the expiration of six months from the date on which the order in respect of the property was made under that section on the conviction of an offender or, if an application by a claimant of the property has been made within that period or the offender has appealed against the conviction or sentence, until that application or appeal has been determined.
6.—(1) After the expiration of the period referred to in regulation 4(2) or 5(2) above, as applicable, property to which these regulations apply (other than money) may be sold.
(2) The proceeds of all sales under these Regulations and any money to which these Regulations apply shall be paid to the relevant authority and shall be kept in a separate...
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