Explanatory note
(This note is not part of the Regulations)
These Regulations make provision about the enforcement of an obligation to make a payment under the Criminal Legal Aid (Contribution Orders) Regulations 2013 (2013/483) (“the Contribution Orders Regulations”) in connection with the provision of representation to the individual in criminal proceedings.
These Regulations authorise a court to make motor vehicle orders in respect of an individual for the purpose of enabling certain sums required to be paid under the Contribution Orders Regulations to be recovered from the individual, where those sums are overdue.
The Contribution Orders Regulations make provision in relation to the liability of individuals who are in receipt of representation under section 16 (representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”) to make a payment in connection with the provision of such representation.
Section 24 of the Act provides that regulations may make provision about enforcement; and Schedule 2 to the Act makes specific provision about enforcement by means of motor vehicle orders.
Regulation 3 provides that the functions of the Lord Chancellor under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor.
Part 2 makes provision in connection with clamping orders. Regulations 5 to 9 concern the application for a clamping order and the making of the order. Regulations 10 to 14 concern the clamping and removal to storage of a motor vehicle subject to an order. Regulations 15 to 18 concern the release of a motor vehicle subject to an order.
Part 3 makes provision in connection with vehicle sale orders. Regulations 19 to 22 concern the application for a vehicle sale order and the making of the order. Regulations 23 and 24 concern the release of a motor vehicle subject to an order. Regulations 25 and 26 concern the sale of a motor vehicle and make provision about the proceeds of sale.
Part 4 makes provision in connection with the charges that may be imposed in connection with motor vehicle orders and the recovery of such charges.