# The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015, Regulation 12: Determination of entitlement

Extent: E+W

(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.

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Source: https://www.legislation.gov.uk/uksi/2015/426/regulation/12 (the official version)
Page: https://openlegislation.uk/control-of-waste-dealing-with-seized-property-england-and-wales-regulations-2015/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.