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Powers of Controller to take possession of controlled articles and to give orders and directions

Control of Essential Supplies Act 1973

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) If the Controller has reason to believe that any person is committing an offence under this Act, the Controller may —(a)take possession in such manner as he or she considers fit of any controlled article in respect of which he or she has reason to believe such an offence has been committed or of any vehicle, vessel or other article by means of which any such offence has been committed or which he or she has reason to believe is intended to be used for the commission of that offence; or(b)give any orders and directions and take any measures in relation to supplies of that controlled article that may appear to him or her necessary or expedient in order that any such controlled article may be placed on the market.(2) Where, under this section, possession has been taken of any controlled article, vehicle, vessel or other article by or on behalf of the Controller, then the Controller —(a)if in his or her opinion the owner of the controlled article has been guilty of an offence under this Act and criminal proceedings have been instituted against the owner in respect of the offence, may retain the controlled article until the conclusion of those criminal proceedings and, unless the court orders confiscation of the controlled article, must dispose of the controlled article in the manner that the court may order and, in default of any order of the court, must dispose of the controlled article under paragraph (b); or(b)in any case, may restore possession to the owner, or, where a maximum price has been fixed by any written law in respect of the controlled article, may pay to the owner of the controlled article the price so fixed less an amount not exceeding 25% of the price being the expenses certified by the Controller to have been incurred by the Controller in taking possession, storing and restoring possession of that controlled article.(3) Any person who contravenes or fails to comply with any order or direction given by the Controller under subsection (1)(b) or who obstructs or impedes the Controller or any person authorised by the Controller to take possession of any controlled article under subsection (1)(a) shall be guilty of an offence under this Act.

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