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The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015

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Proceeds of saleE+W

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25.—(1) Subject to paragraph (2), a seizure authority may use the proceeds of the sale of any seized property sold under regulation 21 towards meeting expenses incurred by the authority in exercising its functions under—

(a)section 5 or 5A of the 1989 Act; or

(b)section 34B or 34C of the 1990 Act.

(2) A seizure authority must pay the net proceeds of sale of any seized property sold under regulation 21 to any person who, before the end of the period of three months beginning with the date on which the property is sold—

(a)provides the evidence specified in regulation 11(1); and

(b)satisfies the authority that at the time of the sale that person was entitled to the property.

(3) Where there is more than one person who claims entitlement to the seized property or any part of the seized property under paragraph (2), a seizure authority must determine which person was entitled to such property (including any part of that property) on the basis of the evidence provided to the authority.

(4) In paragraph (2), “the net proceeds of sale” means any sum by which the proceeds of the sale of the seized property exceed the total expenses incurred by the seizure authority in respect of the seizure, retention and sale of that property.

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