18.Subsection (1) allows the Secretary of State to retain anything seized pursuant to clause 4 until the end of the period of 28 days beginning with the date of the seizure.
19.Subsections (2) and (3) specify the circumstances in which the Secretary of State may retain seized things beyond the 28 day period. This may only occur if proceedings for a park trading offence have been commenced against the person from whom the things were seized, in respect of his activities at the time of the seizure. If such proceedings have not been commenced within the 28 day period, the power of retention no longer applies. If proceedings have been commenced within 28 days, the Secretary of State may retain the things seized until the conclusion of the proceedings (including any appeal). Further, in the event that the court makes an award of costs to be paid by the accused to the Secretary of State, the Secretary of State may retain the items until those costs have been paid. These powers of retention are subject to any order for forfeiture of the things seized made under clause 6.
20.Subsection (5) provides that if the award of costs in the Secretary of State's favour is not paid in full within a further 28 days following the conclusion of court proceedings (including any appeal), the Secretary of State may sell the things at the best price that can reasonably be obtained to pay such costs and should pay any balance to the former owner.
21.Subsection (6) provides that things seized must be returned to their owner(s) if the Secretary of State ceases to be entitled to retain them, subject to any order for forfeiture that might be made under clause 6.
22.Subsection (7) sets out the procedure to be followed in the event that the owner cannot be identified.
Commentary on Sections Section 5: Retention and disposal