107Forfeiture of seized things by order

107 Forfeiture of seized things by order

107 Forfeiture of seized things by order

(1) A seized thing is forfeited to the State if the Health Secretary makes an order under this section declaring the forfeiture of the thing.

(2) The Health Secretary may, by written order, declare a seized thing to be forfeited to the State if satisfied that—

(a) a person has been convicted of an offence in connection with the seized thing, or

(b) the owner of the seized thing cannot be found despite inquiries being made that are reasonable in the circumstances, or

(c) the seized thing cannot be returned to the owner for other reasons despite efforts being made that are reasonable in the circumstances, or

(d) the return of the seized thing would pose an unacceptable risk to the health or safety of a human or animal, whether or not identifiable, or

(e) other prescribed grounds.

(3) At least 21 days before making an order, the Health Secretary must give written notice to the apparent owner of a seized thing of the intention to declare the seized thing to be forfeited.

(4) The notice must specify a period within which the apparent owner may make submissions to the Health Secretary before the order is made.

(5) The Health Secretary must consider any submissions made within the specified period.

(6) The Health Secretary is not required to give notice to the apparent owner of a seized thing if—

(a) an authorised officer has given a written certificate that the authorised officer is unable to return the seized thing to the owner, or

(b) the Health Secretary is satisfied that—

(i) the owner of the seized thing cannot be found despite inquiries being made that are reasonable in the circumstances, or

(ii) the seized thing cannot be returned to the owner for other reasons despite efforts being made that are reasonable in the circumstances.