Return of equipment and items
11.—(1) Unless equipment or items seized under section 38 or 41 of the 2008 Act have already been disposed of under regulation 10 or are required to be retained under regulation 4, where an application is made to the Department by the owner of the equipment or items for the release of the equipment or items and -
(a)the Department is satisfied that the requirements of regulation 6(2)(f) have been met, and
(b)the fee for an application for the release of equipment or items provided for in paragraph (2) has been paid.
the Department shall release the equipment or items to the owner or their agent.
(2) The fee payable by the owner of the equipment for items for an application to release under paragraph (1) shall be £30.
(3) Where there is more than one application, the Department shall determine which person is entitled to the equipment or items on the basis of the evidence provided to it.
(4) A person who would otherwise be liable to pay a fee for an application to release under paragraph (1) shall not be liable to pay if they did not know that the equipment or items were being used to provide a taxi service, had not consented to their being so used and could not, by the taking of reasonable steps, have prevented them from being so used.