Part 4Police powers etc.

Chapter 2Provisions modifying and supplementing police powers

Seizure of motor vehicles

60 Retention etc. of vehicles seized under section 59

1

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

a

the removal and retention of motor vehicles seized under section 59; 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 59 to a person who is the owner of that vehicle or who, in accordance with the regulations, appears to be its owner;

b

for the procedure by which a person who claims to be the owner of a motor vehicle seized under section 59 may seek to have it released;

c

for requiring the payment 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 59 may be disposed of;

e

as to the destination—

i

of any fees or charges payable in accordance with the regulations; and

ii

of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 59;

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 59.

3

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

a

the use by reference to which the motor vehicle in question was seized was not a use by him; and

b

he did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner.

4

In this section—

  • “local authority”—

    1. a

      in relation to England, means the council of a county, metropolitan district or London borough, the Common Council of the City of London or Transport for London; and

    2. b

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

  • “motor vehicle” has the same meaning as in section 59.