PART 3Retention and return of seized property

Determination of entitlementI112

1

Where a claim is made which satisfies the requirements of regulation 10, a seizure authority must—

a

determine entitlement in respect of a claim;

b

where a claimant is determined as entitled, determine—

i

whether a duty to retain arises under regulation 15(2)(a) or 16(2)(a); and

ii

where such a duty does not arise, the period for collection, which is the period beginning with the date of the determination notice and ending 10 working days after that date; and

c

give notice of such determination.

2

The notice under paragraph (1) must—

a

meet the requirements of regulation 13; and

b

be given within the period—

i

beginning with the date on which the claim was made and ending 3 working days after that date; or

ii

where applicable, beginning with the date on which evidence was provided in accordance with regulation 11(2) and ending 3 working days after that date.

3

Where there is more than one claim to the seized property or any part of the seized property, a seizure authority must determine under paragraph (1) which person is entitled to such property (including any part of that property) on the basis of the evidence provided to the authority.