Part VIIE+W+S Miscellaneous and General

Powers of constables and other authorised personsE+W+S

[F1165BRetention etc. of vehicles seized under section 165AE+W+S

(1)The Secretary of State may by regulations make provision as to—

(a)the removal and retention of motor vehicles seized under section 165A; and

(b)the release or disposal of such motor vehicles.

(2)Regulations under subsection (1) may, in particular, make provision—

(a)for the giving of notice of the seizure of a motor vehicle under section 165A to a person who is the registered keeper, the owner or the driver of that vehicle;

(b)for the procedure by which a person who claims to be the registered keeper or the owner of a motor vehicle seized under section 165A may seek to have it released;

(c)for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;

(d)as to the circumstances in which a motor vehicle seized under section 165A may be disposed of;

(e)as to the destination—

(i)of any fees or charges payable in accordance with the regulations;

(ii)of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 165A;

(f)for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 165A.

(3)Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations is not liable to pay it if—

(a)he was not driving the motor vehicle at the time in question, and

(b)he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven.

(4)Regulations under subsection (1) may make different provision for different cases.

(5)In this section—

• “local authority”—

  (a)

  in relation to England, means—

  (i)

  a county council,

  (ii)

  the council of a district comprised in an area for which there is no county council,

  (iii)

  a London borough council,

  (iv)

  the Common Council of the City of London, or

  (v)

  Transport for London;

  (b)

  in relation to Wales, means the council of a county or county borough; and

  (c)

  in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.]