Disposal of scale 2 or 3 unclaimed goods
6A Disposal of scale 2 or 3 unclaimed goods
This section applies to unclaimed goods the value of which lies within scale 2 or 3.
Subject to this Act, a recipient of unclaimed goods to which this section applies may not dispose of the goods unless—
each relevant person has, on or after the day on which the goods became unclaimed goods under this Act, been given notice by the recipient, in accordance with subsection (3), allowing the person at least the holding period to collect the goods; and
no relevant person has collected the goods from the recipient during the holding period.
A notice to be given for the purposes of subsection (2)(a) must—
identify the goods and specify that they are unclaimed; and
specify the holding period that applies to the unclaimed goods; and
notify the person that the goods may be disposed of by the recipient if not collected by the end of the holding period; and
contain any other prescribed information.
The following provisions apply in relation to the disposal of unclaimed goods:
unclaimed goods the value of which lies within scale 2—
may be sold by public auction or private sale for a fair value; and
may only be otherwise disposed of by order of the Court under subsection (5);
unclaimed goods the value of which lies within scale 3 may only be disposed of by order of the Court under subsection (5).
The
Court may, on application by the recipient, order that unclaimed goods be disposed of or make any other order that the Court thinks fit in relation to the goods or payments to be made by any person in respect of the goods.
The
Court may, in making an order under subsection (5), give such directions in relation to the disposal of the goods, or any other dealing with the goods, as it thinks fit.
Notice of an application under subsection (5) must be given to—
subject to any order or direction of the Court, each relevant person; and
if the application relates to unclaimed goods the value of which lies within scale 3—the Commissioner of Police.
For the purposes of subsection (2)(a)—
if the recipient does not know the contact details of a relevant person; and
all reasonable steps taken by the recipient (whether for the purposes of section 5 or this section) to obtain their contact details have failed, the recipient will be taken to have given notice as required by subsection (2)(a) on the day on which the goods became unclaimed goods under this Act.
In this section—
holding period, in relation to unclaimed goods specified in a notice under subsection (2)(a), means—
in the case of unclaimed goods the value of which lies within scale 2—28 days after the day on which the notice was given; or
in the case of unclaimed goods the value of which lies within scale 3—60 days after the day on which the notice was given.
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