Prospective
Determination of entitlementE+W
12.—(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.
Commencement Information
I1Reg. 12 in force at 6.4.2015, see reg. 1(1)