§ 15 — Forfeiture of vehicles, etc.

15.—(1) Subject to this section, all things seized or surrendered under the provisions of this Act are liable to forfeiture by a court.(2) An order for the forfeiture may be made by the Authority in respect of a vehicle or vehicle components seized or surrendered under this Act if the Authority is satisfied that —(a)

the vehicle is a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle or the vehicle components if assembled result in a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle;

(b)

an offence under this Act has been committed and the vehicle was or vehicle components were the subject matter, or was or were used in the commission, of the offence;

(c)

at the end of 30 days after the date of the seizure or surrender, no claim to the vehicle or vehicle components is earlier made in the prescribed manner to the Authority by a person who is none of the following:(i)

the person from whom the vehicle was or vehicle components were seized;

(ii)

the person required to surrender the vehicle or vehicle components;

(iii)

an agent of a person in sub‑paragraph (i) or (ii); and

(d)

a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 14.

(3) Despite subsection (2), the Authority may at once order the forfeiture of a vehicle or vehicle components seized or surrendered under this Act —(a)

that is a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle, or that if assembled result in a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle; and

(b)

that the Authority considers is of such a nature or in such condition that it would be dangerous to retain custody, or the detention of the vehicle or vehicle components in a holding yard materially increases the likelihood of an outbreak of fire at the holding yard.

(4) Sections 51, 52 and 53 of the Active Mobility Act 2017 apply to a vehicle or vehicle components seized or surrendered under this Act in the same way as those sections apply to a vehicle seized or surrendered under section 50 of that Act.

—(1) Subject to this section, all things seized or surrendered under the provisions of this Act are liable to forfeiture by a court.

(2) An order for the forfeiture may be made by the Authority in respect of a vehicle or vehicle components seized or surrendered under this Act if the Authority is satisfied that —(a)

the vehicle is a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle or the vehicle components if assembled result in a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle;

(b)

an offence under this Act has been committed and the vehicle was or vehicle components were the subject matter, or was or were used in the commission, of the offence;

(c)

at the end of 30 days after the date of the seizure or surrender, no claim to the vehicle or vehicle components is earlier made in the prescribed manner to the Authority by a person who is none of the following:(i)

the person from whom the vehicle was or vehicle components were seized;

(ii)

the person required to surrender the vehicle or vehicle components;

(iii)

an agent of a person in sub‑paragraph (i) or (ii); and

(d)

a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 14.

(3) Despite subsection (2), the Authority may at once order the forfeiture of a vehicle or vehicle components seized or surrendered under this Act —(a)

that is a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle, or that if assembled result in a non‑compliant personal mobility device or non‑compliant power‑assisted bicycle; and

(b)

that the Authority considers is of such a nature or in such condition that it would be dangerous to retain custody, or the detention of the vehicle or vehicle components in a holding yard materially increases the likelihood of an outbreak of fire at the holding yard.

(4) Sections 51, 52 and 53 of the Active Mobility Act 2017 apply to a vehicle or vehicle components seized or surrendered under this Act in the same way as those sections apply to a vehicle seized or surrendered under section 50 of that Act.