Finance Act 2011
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Amendment of Chapter 4 (powers of officers) of Part 2 of Finance Act 2001. |
47.— Chapter 4 of Part 2 of the Finance Act 2001 is amended— | |
(a) in section 142(3) by substituting “section 127” for “section 143”, | ||
(b) by deleting section 143, | ||
(c) in section 144— | ||
(i) in subsection (1) by substituting “section 127” for “section 143”, | ||
(ii) by substituting the following for subsections (3) and (4): | ||
“(3) Without prejudice to subsection (2), the Commissioners may as they think fit, and notwithstanding that the thing seized has not yet been condemned, or deemed to have been condemned, as forfeited— | ||
(a) if a notice of claim in relation to such thing has been duly given under section 127, deliver it up to the claimant on payment to them of such sum as they deem proper, being a sum not exceeding that which represents the value of the thing, including any tax or duty on it that has not been paid, or | ||
(b) if the thing seized is, in the opinion of the Commissioners, of a perishable or hazardous nature, or is tobacco products, sell or destroy it. | ||
(4) If, where anything is delivered up, sold or destroyed under subsection (3), it is held by the court in condemnation proceedings under section 128 that such thing was not liable to forfeiture at the time of its seizure, the Commissioners shall, subject to any deduction allowed under subsection (5), on demand tender to such claimant— | ||
(a) where a sum has been paid by such claimant under subsection (3)(a), an amount equal to that sum, | ||
(b) if the thing has been sold under subsection (3)(b), an amount equal to the proceeds of sale, | ||
(c) if the thing has been destroyed under subsection (3)(b), an amount equal to the market value of the thing at the time of its seizure.”. |