5.—(1) Section 102 is modified as follows.
(2) For subsection (1) there is substituted—
“(1) If a vehicle is removed from the parking area in circumstances in which an offence would have been committed but for the provisions of paragraph 1(4) or 2(4) of Schedule 3 to the Road Traffic Act 1991, the local authority shall be entitled to recover from any person responsible, such charges in respect of the removal, storage and disposal of the vehicle, as they may require.”.
(3) Subsection (2) is omitted.
(4) For subsection (4) there is substituted—
“(4) Without prejudice to subsection (3) above, where by virtue of subsection (1) above any sum is recoverable in respect of a vehicle by a local authority in whose custody the vehicle is, the local authority shall be entitled to retain custody of it until that sum has been paid.”.
(5) Subsection (7) is omitted.
(6) In subsection (8) the definition of “appropriate authority” is omitted.
(7) Subsection (9) is omitted.