4(1)The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may remove the vehicle or direct it to be removed.E+W+S
(2)The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may deliver the vehicle, or direct it to be delivered, into the custody of a person—
(a)who is identified in accordance with prescribed rules, and
(b)who agrees to accept delivery in accordance with arrangements agreed between that person and the Secretary of State,
and the arrangements may include provision as to the payment of a sum to the person into whose custody the vehicle is delivered.
(3)The regulations may make provision for such persons as may be prescribed to be informed that a vehicle has been removed and delivered into a person's custody and 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.
(4)The regulations may provide that the person into whose custody the vehicle is delivered may dispose of it, and may in particular make provision as to—
(a)the time at which the vehicle may be disposed of, and
(b)the manner in which it may be disposed of.
(5)The regulations may make provision allowing a person to take possession of the vehicle if—
(a)he claims it before it is disposed of, and
(b)any prescribed conditions are fulfilled.
(6)The regulations may provide for a sum of an amount arrived at under prescribed rules to be paid to a person if—
(a)he claims after the vehicle's disposal to be or to have been its owner or to have been the person in charge of the vehicle when it was removed,
(b)the claim is made within a prescribed time of the disposal, and
(c)any other prescribed conditions are fulfilled.
(7)The regulations may provide that (whether or not a claim is made under provision made under sub-paragraph (5) or (6))—
(a)the Secretary of State, or
(b)a person into whose custody the vehicle is delivered under the regulations,
may recover from the vehicle's owner or the person in charge of the vehicle such charges as may be prescribed in respect of all or any of its release, removal, custody and disposal.
(8)In sub-paragraph (7) “person in charge” and “owner”, in relation to a vehicle, means the person who was in charge of the vehicle or was the vehicle's owner when it was removed.
(9)The conditions prescribed under sub-paragraph (5) may include conditions as to—
(a)satisfying the person with custody that the claimant is the vehicle's owner or was the person in charge of the vehicle when it was removed,
(b)the payment of prescribed charges in respect of the vehicle's release, removal and custody, and
(c)the production of such evidence as may be prescribed establishing that the prohibition has been removed.
(10)The regulations may in particular include provision for purposes corresponding to those of sections 101 and 102 of the Road Traffic Regulation Act 1984 (c. 27) (disposal and charges) subject to such additions, omissions or other modifications as the Secretary of State thinks fit.
Commencement Information
I1Sch. 4 para. 4 in force at 5.1.2009 by S.I. 2008/3164, art. 2(b)