Section 41: Lost and uncollected property., Local Government (Miscellaneous Provisions) Act 1982

This section has effect where—

property comes into the possession of a local authority after being found on buildings or premises owned or managed by them; or

property which has been deposited with a local authority is not collected from them in accordance with the terms under which it was deposited.

Where—

property is found on any building or premises owned or managed by a local authority; and

it is subsequently handed over to the authority,

any right of possession of the property which was vested in a person by virtue of its having been found is extinguished.

If—

the local authority gives the owner or, as the case may be, the depositor of the property notice in writing—

that they require him to collect the property by a date specified in the notice; and

that if he does not do so the property will vest in the local authority on that date; and

he fails to comply with the notice,

the property shall vest in the local authority on the specified date.

The date to be specified in a notice under subsection (3) above shall be not less than one month from the date of the notice.

Where it appears to the local authority, on the date when property comes into their possession as mentioned in paragraph (a) of subsection (1) above, that it is impossible to serve a notice under subsection (3) above, the property shall vest in the authority one month from that date.

Where the local authority are satisfied after reasonable inquiry that it is impossible to serve a notice under subsection (3) above in relation to any property, it shall vest in them six months from the relevant date.

Where—

any property is of a perishable nature; or

to look after it adequately would involve the local authority in unreasonable expense or inconvenience,

the authority may sell or otherwise dispose of it at such time and in such manner as they think fit.

Where property is sold or otherwise disposed of under subsection (7) above—

any person to whom the property is transferred shall have a good title to it; and

any proceeds of sale shall vest in the local authority on the day when the property would have vested in them under this section if it had not been sold.

Where any property which came into the possession of a local authority as mentioned in paragraph (a) of subsection (1) above vests in the authority under this section, the authority may give the whole or any part of the property to the person through whom it came into their possession.

Where the proceeds of sale of property which came into the possession of a local authority as mentioned in the said paragraph (a) vest in the authority under this section, the authority may make a payment not exceeding the value of the property to the person through whom it came into their possession.

Where property is claimed by its owner or depositor before it vests in a local authority under this section, he may collect it on payment to the local authority of any sum which they require him to pay in respect of costs incurred by them—

in making inquiries for the purposes of this section or serving any notice under subsection (3) above; and

in looking after the property adequately.

This section shall not apply to any property which is found—

on an aerodrome or in an aircraft on an aerodrome;

in a public service vehicle; or

on any premises belonging to or under the control of Transport for London or of any of its subsidiaries (within the meaning of the Greater London Authority Act 1999).

In this section—

"aerodrome" has the meaning assigned to it by section 28(1) of the Civil Aviation Act 1968;
"local authority" means—
(a)a local authority as defined in section 270(1) of the Local Government Act 1972; and
(b)a board constituted in pursuance of section 2 of the Town and Country Planning Act 1990 ...; and
(bb)the Broads Authority; and
(c)the Common Council of the City of London; and
(ca)a police and crime commissioner; and
(caa)the Mayor's Office for Policing and Crime; and.
(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)a joint authority established by Part IV of the Local Government Act 1985;
(eza)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(ezb)a combined authority established under section 103 of that Act;
(ezba)a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
(ezc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
(ea)... and
(f)the London Fire Commissioner;
"public service vehicle" has the meaning assigned to it by section 1 of the Public Passenger Vehicles Act 1981;
"the relevant date" means— whichever is the later.
(a)in relation to property which came into the possession of a local authority as mentioned in paragraph (a) of subsection (1) above, the date when it came into their possession; and
(b)in relation to uncollected property,—

Section 41: Lost and uncollected property.

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