§ 85 — Disposal of unclaimed guns, etc.

85.—(1) Where any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance is surrendered to a Licensing Officer, whether or not under section 39, it becomes unclaimed if, at the end of 30 days after the day on which the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) was so surrendered —(a)

there is no person who appears, to the satisfaction of the Licensing Officer, to be the owner of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be; or

(b)

there is such a person but that person has not exercised his or her right to recover the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance by a claim.

(2) Where a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance which is surrendered to a Licensing Officer becomes unclaimed, an authorised officer may, after giving one month’s notice in a prescribed website of his or her intention to do so —(a)

sell by public auction or tender the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or

(b)

destroy or otherwise dispose of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be.

(3) However, where it appears to a Licensing Officer that any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance which is surrendered is of such a nature or in such condition that it would be dangerous for the Licensing Officer to retain custody of it, the Licensing Officer may, before the end of the period mentioned in subsection (1) and after giving notice in a prescribed website of his or her intention to do so, cause the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance —(a)

to be sold (by public auction or otherwise) at once; or

(b)

to be destroyed or otherwise disposed of at once in such manner as the Licensing Officer thinks fit.

(4) The proceeds of a sale by public auction or tender of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance under subsection (2) or (3) must be applied as follows:(a)

firstly, in payment of the expenses occasioned by the sale;

(b)

secondly, in payment of storage or other expenses incurred by the Licensing Officer in relation to the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance;

(c)

thirdly, by payment of the balance into the Consolidated Fund.

(5) A purchaser of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance sold in accordance with subsection (2) or (3) acquires good title to that article, item or thing.

—(1) Where any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance is surrendered to a Licensing Officer, whether or not under section 39, it becomes unclaimed if, at the end of 30 days after the day on which the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) was so surrendered —(a)

there is no person who appears, to the satisfaction of the Licensing Officer, to be the owner of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be; or

(b)

there is such a person but that person has not exercised his or her right to recover the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance by a claim.

(2) Where a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance which is surrendered to a Licensing Officer becomes unclaimed, an authorised officer may, after giving one month’s notice in a prescribed website of his or her intention to do so —(a)

sell by public auction or tender the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or

(b)

destroy or otherwise dispose of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be.

(3) However, where it appears to a Licensing Officer that any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance which is surrendered is of such a nature or in such condition that it would be dangerous for the Licensing Officer to retain custody of it, the Licensing Officer may, before the end of the period mentioned in subsection (1) and after giving notice in a prescribed website of his or her intention to do so, cause the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance —(a)

to be sold (by public auction or otherwise) at once; or

(b)

to be destroyed or otherwise disposed of at once in such manner as the Licensing Officer thinks fit.

(4) The proceeds of a sale by public auction or tender of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance under subsection (2) or (3) must be applied as follows:(a)

firstly, in payment of the expenses occasioned by the sale;

(b)

secondly, in payment of storage or other expenses incurred by the Licensing Officer in relation to the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance;

(c)

thirdly, by payment of the balance into the Consolidated Fund.

(5) A purchaser of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance sold in accordance with subsection (2) or (3) acquires good title to that article, item or thing.