Seizure of vehicles supplementary: EPA 1990 s. 34C
EPA 1990 s.34C allows seizure authority to remove property; regulations govern custody, return, disposal; notice before sale unless immediate disposal.
34C Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate. An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person. Regulations under subsection (2) above may in particular include provision as to— the duties of enforcement authorities in relation to the safe custody of seized property; the circumstances in which they must return any such property to a person claiming entitlement to it; the manner in which such persons, and the seized property to which they are entitled, may be determined; the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property; the uses to which the proceeds of any such sale may be put. Regulations making provision under subsection (3)(d) above— must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed; must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person; may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay. The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 34C applies after a vehicle or its contents have been seized under section 34B. It gives the enforcement authority (for example, the Environment Agency or a local council) the power to move the seized property to a place of its choosing.
The authority must then handle the property in accordance with regulations made by the 'appropriate person' (the Secretary of State or the Welsh Ministers). Those regulations cover: safe custody, when and how the property must be returned to a claimant, how to determine who is entitled to it, when it may be sold or destroyed, and what happens to the proceeds.
If the authority plans to sell or dispose of the property, it must generally publish a notice and wait a specified period for claims. However, this notice requirement can be skipped if the condition of the property requires immediate disposal (for example, rotting food waste). The appropriate person may also issue guidance to authorities.
When it applies
- A council officer seizes a van used for fly-tipping and tows it to a council depot.
- A constable seizes a lorry containing hazardous waste; the authority stores it securely until the owner proves ownership.
- Seized perishable goods begin to spoil; the authority disposes of them immediately without public notice.
- A person claims back their seized vehicle; the authority uses regulations to verify entitlement.
- After the statutory period expires with no claim, the authority sells the seized vehicle at auction.
What this section does not say
- The initial power to stop, search and seize the vehicle (this is covered by section 34B).
- The forfeiture of vehicles as a criminal penalty after conviction (section 33C).
- The duty of care on waste holders (section 34).
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This page reproduces the text of EPA 1990 s. 34C in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.