57Return of seized electrical articles and gas appliances

57 Return of seized electrical articles and gas appliances

57 Return of seized electrical articles and gas appliances

(1) The Secretary must, within the prescribed period, return a seized article or appliance to the person from whom it was seized.

(2) Subsection (1) does not apply if, within the prescribed period—

(a) the Secretary has determined that the article or appliance is unsafe and applied under section 58 for the forfeiture of the article or appliance, or

(b) proceedings are brought against the person or any other person in connection with the article or appliance for an offence against this Act or the regulations.

(3) The Secretary must provide compensation for the seized article or appliance if, within the prescribed period—

(a) the Secretary does not find the article or appliance to be unsafe or apply for the forfeiture of the article or appliance, or

(b) proceedings for an offence against this Act or the regulations are not brought against a person in connection with the article or appliance.

(4) If proceedings are brought within the prescribed period against a person in connection with a seized article or appliance for an offence against this Act or the regulations—

(a) the Secretary may retain the article or appliance until the proceedings are finally determined, and

(b) the Secretary must immediately return the article or appliance to the person from whom it was seized if the defendant in the proceedings is acquitted of the offence.

(5) Compensation provided under this section is to be determined in accordance with the regulations.

(6) In this section—

prescribed period means no later than 12 months after the seizure or, if the regulations prescribe a different period, the period so prescribed.