- the records relate) of any requirement imposed by or under these Regulations or for the forfeiture of the product under regulation 18 or 19, or
- (b) an enforcement authority has brought proceedings for an offence as mentioned in subparagraph (a) and the proceedings were dismissed and all rights of appeal have been exercised or the time for appealing has expired,
the authority shall be under a duty to return the product or records detained under regulation 22 or 23 to the person from whom they were seized.
(6) Where the authority is satisfied that some other person has a better right to a product or record than the person from whom they were seized, the authority shall, instead of the duty in paragraph (5), be under a duty to return it to that other person or, as the case may be, to the person appearing to the authority to have the best right to the product or record in question.
(7) Where different persons claim to be entitled to the return of a product or record that is required to be returned under paragraph (5), then it may be retained for as long as it reasonably necessary for the determination in accordance with paragraph (6) of the person to whom it must be returned.
(8) A person aggrieved by an order made under this regulation by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—
- (a) in England and Wales, to the Crown Court;
- (b) in Northern Ireland, to the county court;
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980(a)[1] or article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981(b)[2] (statement of case)).
Compensation for seizure and detention
26. Where an officer of an enforcement authority exercises any power under regulation 22 or 23 to seize and detain a product, the enforcement authority shall be liable to pay compensation to any person having an interest in the product in respect of any loss or damage caused by reason of the exercise of the power if—
- (a) there has been no contravention in relation to the product of any requirement imposed by or under these Regulations, and
- (b) the exercise of the power is not attributable to any neglect or default by that person.
Recovery of expenses of enforcement
27.—(1) This regulation shall apply where a court—
- (a) convicts a person of an offence in respect of a contravention in relation to a product of any requirement imposed by or under these Regulations, or
- (b) makes an order under regulation 18 or 19 for the forfeiture of a product.
(2) The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, any person having an interest in the product to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority—
- (a) in connection with any seizure or detention of the product by or on behalf of the authority, or
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