The Police (Retention and Disposal of Motor Vehicles) (Amendment) Regulations 2005

• Citation: S.I. 2005/2702
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Police (Retention and Disposal of Motor Vehicles) (Amendment) Regulations 2005 and shall come into force on 1st November 2005.

Section 2 Amendment of the Police (Retention and Disposal of Motor Vehicles) Regulations 2002

Subject to regulation 5, the Police (Retention and Disposal of Motor Vehicles) Regulations 2002 shall be amended in accordance with the following regulations.

Section 3 Amendment of the Police (Retention and Disposal of Motor Vehicles) Regulations 2002

(1) In regulation 2, after the definition of “specified information” insert—

“working days” shall be taken to exclude Saturdays, Sundays, Christmas Day, Good Friday and any day which, under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales.

(2) In regulation 4—

(a) in paragraph (1), before “practicable” insert “reasonably”; and

(b) in paragraph (3)(c) for “21 days” substitute “7 working days”.

Section 4 Amendment of the Police (Retention and Disposal of Motor Vehicles) Regulations 2002

For regulation 7 substitute—

Disposal of motor vehicles

(7)

(1) Subject to paragraph (2), the authority may, in such manner as they think fit, dispose of the vehicle at any time if—

(a) the person appearing to be the owner of the vehicle to whom a seizure notice is given under regulation 4(1) fails to comply with any requirement in that seizure notice; or

(b) the authority were not able, having taken such steps as were reasonably practicable, to give a seizure notice to the person appearing to be the owner of the vehicle.

(2) The authorised person may not dispose of the vehicle under this regulation—

(a) during the period of 14 days starting with the date on which the vehicle was seized;

(b) if the period in sub-paragraph (a) has expired, until after the date specified in the seizure notice in accordance with regulation 4(3)(c); or

(c) if not otherwise covered by sub-paragraph (a) or (b), during the period of 7 working days starting with the date on which the vehicle is claimed under regulation 5.

Section 5 Transitional provision

Regulations 3 and 4 only have effect in respect of a vehicle seized on or after 1st November 2005.