Freedom Camping Act 2011

37 Enforcement officers may seize and impound certain property

• (1) An enforcement officer may seize and impound property in a local authority area or on conservation land—

  • (a) if the property has been or is being used in the commission of an offence; and

  • (b) if it is reasonable in the circumstances to seize and impound the property or, if section 38 applies, the requirements of that section are satisfied; and

  • (c) if the property is both being used in the commission of an offence and in the possession of a person at the time the officer proposes to seize it and, before seizing and impounding it, the officer—

    • (i) has directed (orally or in writing) the person committing the offence to stop committing the offence; and

    • (ii) has advised (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the officer has power to seize and impound the property; and

    • (iii) has provided the person with a reasonable opportunity to stop committing the offence.

  (2) As soon as practicable after seizing and impounding property, an enforcement officer must give a notice in the prescribed form—

  • (a) to the person in possession of the property at the time it was seized and impounded; or

  • (b) if paragraph (a) does not apply, to any person who the officer can ascertain is the owner of, or has an interest in, the property.

  (3) If there is no prescribed form for the purposes of subsection (2), a notice must be in the form set out in Schedule 2.

  (4) This section is subject to section 38.