SCHEDULES

[F1SCHEDULE 2AE+W+SDetention of certain PSVs used without PSV operators' licences

Textual Amendments

F1Sch. 2A inserted (26.11.2008 for specified purposes, 9.2.2009 in so far as not already in force) by Local Transport Act 2008 (c. 26), s. 134(1)(c)(4), Sch. 3; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Return or disposal of contents and personal effectsE+W+S

14(1)Regulations may provide that the nominated custodian may retain custody of any property falling within sub-paragraph (2) below until—E+W+S

(a)the property is returned, in accordance with the regulations, to a person who establishes entitlement to it; or

(b)the property is sold or destroyed by the nominated custodian in such manner as may be prescribed.

(2)The property is—

(a)any property detained by virtue of paragraph 2 above;

(b)any personal effects that remained on the vehicle so detained.

(3)Regulations may also make provision as to—

(a)the period within which a person who claims to be entitled to the property may make a claim for its return;

(b)the requirements to be satisfied by a person who claims to be entitled to the property (including requirements as to the person's entitlement); and

(c)the manner in which entitlement is to be determined where there is more than one claim to the property.

(4)The nominated custodian may not sell or destroy any property unless—

(a)such steps as may be required by regulations made by virtue of paragraph 7(2) above have been taken and no person has, before the expiry of the period referred to in sub-paragraph (3)(a) above, established an entitlement to the property; or

(b)the condition of the property requires it to be disposed of without delay.]