Further provisions relating to powers of search and entry

136 Disposal of thing seized

(1)

Subject to subsections (2) and (3) and section 136A, subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of—

(a)

any thing seized by a constable (including any animal seized by a constable under the authority of a search warrant issued under section 131 and any animal of which a constable takes possession under section 137(1)); and

(b)

with the necessary modifications, any thing seized by an inspector (including any animal seized by an inspector under the authority of a search warrant issued under section 131 and any animal of which an inspector takes possession under section 127).

(2)

Despite anything in subpart 6 of Part 4 of the Search and Surveillance Act 2012, a constable or an inspector who has custody of an animal may place that animal in the care of any other person.

(3)

If the court orders, under section 154(2)(c) of the Search and Surveillance Act 2012, that any animal or thing seized must be disposed of by way of sale, the proceeds of that sale must be applied—

(a)

first, in the payment of the expenses incurred in arranging the sale:

(b)

secondly, if an animal and equipment are sold,—

(i)

the expenses incurred in caring for that animal before the sale; and

(ii)

if any other animals seized at the same time or under the same warrant have not been sold but are still being cared for, the expenses incurred in caring for those animals (if the owner or person in charge of those animals was, at the time of their seizure, the same person as the person who was the owner of or the person in charge of the animal sold):

(c)

thirdly, in such manner as the court thinks fit.

Section 136(1): replaced, on 1 October 2012, by section 195(7) of the Search and Surveillance Act 2012 (2012 No 24).

Section 136(1)(b): amended, on 10 May 2015, by section 51 of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 136(2): replaced, on 1 October 2012, by section 195(8) of the Search and Surveillance Act 2012 (2012 No 24).

Section 136(3): amended, on 1 October 2012, by section 195(9) of the Search and Surveillance Act 2012 (2012 No 24).