Search Legislation

Psychoactive Substances Act 2016

Status:

This is the original version (as it was originally enacted).

45Further provision about seizure under section 43

This section has no associated Explanatory Notes

(1)Where—

(a)any items which a relevant enforcement officer wishes to seize and remove are in a container, and

(b)the officer reasonably considers that it would facilitate the seizure and removal of the items if they remained in the container for that purpose,

any power to seize and remove the items conferred by section 43 includes power to seize and remove the container.

(2)If a container is seized under this section, reasonable efforts must be made to return it to—

(a)the person from whom it was seized, or

(b)(if different) a person to whom it belongs.

(3)Subsection (2) does not apply—

(a)if the container appears to be of negligible value,

(b)if it is not practicable for the container to be returned, or

(c)while the container is or may be needed for use as evidence at a trial for an offence.

(4)If, in the opinion of a relevant enforcement officer, it is not for the time being practicable for the officer to seize and remove any item, the officer may require—

(a)the person from whom the item is being seized, or

(b)where the officer is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises, any person in or on the premises,

to secure that the item is not removed or otherwise interfered with until such time as the officer may seize and remove it.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources