40.Section 19 sets out restrictions on the power of enforcement officers to seize infringing articles. They can only do so for the purpose of ending the commission of a Championship offence, preventing the future commission of such an offence, enabling the article to be used in proceedings for such an offence (as evidence), or to enable the article to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995 (which makes provision for property which has been used in crime to be forfeited).
41.Subsection (2) requires a seized article to be returned when retention of it is no longer justified; however, this requirement does not apply to perishable articles which no longer have any commercial value.
The Act Enforcement powers Section 19: Restrictions on power to seize infringing article