SCHEDULES
F3SCHEDULE 2A
F2 Immobilisation
Sch. 2A inserted (1.5.1995) by 1995 c. 4, s. 19, Sch. 4 para. 36(2)
F11
1
The Secretary of State may make regulations under this Schedule with respect to any case where an authorised person has reason to believe that, on or after such date as may be prescribed, an offence under section 29(1) is being committed as regards a vehicle which is stationary on a public road.
2
The regulations may provide that the authorised person or a person acting under his direction may—
a
fix an immobilisation device to the vehicle while it remains in the place where it is stationary, or
b
move it from that place to another place on the same or another public road and fix an immobilisation device to it in that other place.
3
The regulations may provide that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations the person fixing the device shall also fix to the vehicle a notice—
a
indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device;
b
specifying the steps to be taken to secure its release;
c
giving such other information as may be prescribed.
4
The regulations may provide that—
a
a vehicle to which an immobilisation device has been fixed in accordance with the regulations may only be released from the device by or under the direction of an authorised person;
b
subject to that, such a vehicle shall be released from the device if the first and second requirements specified below are met.
5
The first requirement is that such charge in respect of the release as may be prescribed is paid in any manner specified in the immobilisation notice.
6
The second requirement is that—
a
a vehicle licence is produced in accordance with instructions specified in the immobilisation notice, and the licence is one which is in force for the vehicle concerned at the time the licence is produced, or
b
where such a licence is not produced, such sum as may be prescribed is paid in any manner specified in the immobilisation notice.
7
The regulations may provide that they shall not apply in relation to a vehicle if—
a
a current disabled person’s badge is displayed on the vehicle, or
b
such other conditions as may be prescribed are fulfilled;
and “disabled person’s badge” here means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970 or any regulations for the M1time being in force under section 14 of the M2Chronically Sick and Disabled Persons (Northern Ireland) Act 1978.
8
The regulations may provide that an immobilisation notice shall not be removed or interfered with except by or on the authority of a person falling within a prescribed description.
Sch. 2A inserted (1.5.1995) by 1995 c. 4, s. 19, Sch. 4 para. 36(2)