{
  "url": "https://openlegislation.uk/criminal-legal-aid-motor-vehicle-orders-regulations-2013/regulation-18",
  "json_url": "https://openlegislation.uk/criminal-legal-aid-motor-vehicle-orders-regulations-2013/regulation-18.json",
  "legislation": "uksi/2013/1686",
  "legislation_title": "The Criminal Legal Aid (Motor Vehicle Orders) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/criminal-legal-aid-motor-vehicle-orders-regulations-2013",
  "path": "regulation/18",
  "kind": "regulation",
  "number": "18",
  "heading": "Release of a motor vehicle wrongly clamped",
  "text": "(1) Where a motor vehicle is clamped, removed or stored in breach of any provision of these Regulations, a person may apply to the Lord Chancellor for the release of the motor vehicle from an immobilisation device or from storage.\n(2) On receipt of an application made under paragraph (1), the Lord Chancellor must decide whether it would be appropriate in all the circumstances to grant or refuse the application.\n(3) The Lord Chancellor must send to the person written notice of the Lord Chancellor’s decision within 10 days beginning with the date of the receipt of the application.\n(4) Where the Lord Chancellor decides to—\n(a) grant the application, the Lord Chancellor must make arrangements for the release of the motor vehicle from an immobilisation device or from storage as soon as is practicable during the relevant opening hours; or\n(b) refuse the application, the Lord Chancellor must provide reasons for the refusal.\n(5) Where the Lord Chancellor—\n(a) decides to refuse the application; or\n(b) fails to send to the person written notice of the Lord Chancellor’s decision within the period specified in paragraph (3),\nthe person may apply to the court for the release of the motor vehicle from an immobilisation device or from storage.\n(6) An application to the court must be made in writing within—\n(a) 14 days beginning with the date of—\n(i) the receipt of the notice of the Lord Chancellor’s decision in accordance with paragraph (3); or\n(ii) where the Lord Chancellor fails to send to the person notice of the Lord Chancellor’s decision in accordance with paragraph (3), the day after the end of the period specified in that paragraph; or\n(b) such further period as the court may allow following an application to the court for an extension of time made within the period specified in sub-paragraphs (a)(i) or (ii).\n(7) Unless withdrawn, the application must be listed for an expedited hearing.\n(8) The court must notify the applicant and the Lord Chancellor—\n(a) of the date, time and place of the hearing; and\n(b) that they may attend the hearing and submit written representations.\n(9) At the hearing, the court must decide whether it would be appropriate in all the circumstances to—\n(a) order the release of the motor vehicle; or\n(b) dismiss the application.\n(10) Where the court orders the release of the motor vehicle, the Lord Chancellor must, in accordance with the order of the court, release the motor vehicle from an immobilisation device or from storage as soon as is practicable during the relevant opening hours.\n(11) During the relevant period, the Lord Chancellor—\n(a) may remove the motor vehicle to storage in accordance with regulation 14; and\n(b) must not make an application for a vehicle sale order under regulation 19.\n(12) Where a motor vehicle is removed to storage during the relevant period, the Lord Chancellor must send an interim removal notice to the individual at their last known address.\n(13) In this regulation, “the relevant period” means the period beginning with the date of the receipt of the application made under paragraph (1), and ending with the date on which—\n(a) the Lord Chancellor releases the motor vehicle in accordance with paragraph (4)(a);\n(b) the period within which an application under paragraph (6) must be made ends; or\n(c) the court determines an application made under paragraph (5),\nwhichever is the latest.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/1686/regulation/18",
    "retrieved_at": "2026-10-29T00:48:33.663190+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}