Regulation 13 Application of proceeds of sale

Regulation 18 (application of proceeds of sale) is amended as follows.

For paragraphs (1) and (2) substitute—

“(1)

Subject to paragraph (1A), the proceeds of sale of any property sold under regulation 15 or 17 shall—

(a)

be applied towards meeting expenses incurred by any authorised person exercising functions by virtue of these Regulations in relation to the property in question; and

(b)

in so far as they are not so applied, be applied in meeting any claim to the proceeds of sale which is made and established in accordance with paragraph (2).

(1A)

Where the proceeds of sale of any property sold under regulation 15 or 17 exceed the expenses referred to in paragraph (1)(a) and—

(a)

no person has established entitlement to the proceeds of sale of the property; or

(b)

a person has established entitlement to the proceeds of sale of the property, but excess proceeds remain once the claim has been satisfied,

the excess proceeds may be applied towards meeting expenses incurred by any authorised person exercising functions in relation to any other property detained by virtue of regulation 3.

(2)

For the purposes of paragraph (1), a claim to the proceeds of sale of any property is established if—

(a)

the claim is made not later than one year after the date on which the property was sold; and

(b)

the authorised person is satisfied that—

(i)

if the property consists of a vehicle, the person making the claim was the owner of the vehicle immediately before it was sold by virtue of regulation 15; or

(ii)

if the property consists of contents, the person making the claim would, had the person made an appropriate application at the prescribed time, have been entitled to the return of the property by virtue of regulation 16.”.

In paragraph (3), for the words “paragraph (4)” substitute “paragraph (2)”.

Omit paragraph (4).