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SCHEDULES

Valid from 01/02/2001

[F1SCHEDULE 1AE+W+S Detention of vehicles used without operator’s licence

Textual Amendments

F1 Sch. 1A inserted (1.2.2001) by 2000 c. 38 , s. 262(2) , Sch. 30 ; S.I. 2001/57 , art. 3 Sch. 2 Pt. I

F2 Immobilisation and removalE+W+S

Textual Amendments

F34(1)Regulations may provide that an authorised person may, before a goods vehicle is removed by virtue of paragraph 6—E+W+S

(a)fix an immobilisation device to the vehicle in the place where the vehicle has been detained, or

(b)move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.

(2)Regulations may also provide—

(a)that, on any occasion when an immobilisation device is fixed to a vehicle, the person fixing the device shall also fix to the vehicle a notice 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 and giving such other information as may be prescribed,

(b)that a vehicle to which an immobilisation device has been fixed may only be released from the device by or under the direction of an authorised person, and

(c)that an immobilisation notice shall not be removed or interfered with except by or on the authority of an authorised person.

Textual Amendments

F45(1)Regulations may provide that a person who, without being authorised to do so in accordance with paragraph 4(2)(b), removes or attempts to remove an immobilisation device fixed to a goods vehicle under regulations made by virtue of paragraph 4(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.E+W+S

(2)Regulations may provide that a person who removes or interferes with an immobilisation notice in contravention of regulations made by virtue of paragraph 4(2)(c) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F56(1)Regulations may make provision for an authorised person to direct that any property detained by virtue of paragraph 2 be removed and delivered into the custody of a person specified in the direction.E+W+S

(2)Regulations may provide that a person may be specified in a direction only if—

(a)he is a person identified in accordance with prescribed rules, and

(b)he has made arrangements with the Secretary of State and agreed to accept delivery of the property in accordance with those arrangements;

and the arrangements may include the payment of a sum to a person into whose custody any property is delivered.

(3)Regulations may also provide that, where an authorised person has given a direction by virtue of sub-paragraph (1) in respect of a goods vehicle, he may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.

Textual Amendments

F67(1)Regulations may make provision for informing persons who may be entitled to the property that it has been detained.E+W+S

(2)Provision made by virtue of sub-paragraph (1) may, in particular, include provision requiring—

(a)the publication by an authorised person of such notices as may be prescribed, and

(b)the giving of notice by an authorised person to such persons as may be prescribed.]

Textual Amendments