Regulation 21 The making of a vehicle sale order

(1)

On receipt of—

(a)

an application for a vehicle sale order made under regulation 19; and

(b)

any representations made in accordance with regulation 20,

the court must decide whether it would be appropriate in all the circumstances to make a vehicle sale order.

(2)

In deciding whether it would be appropriate in all the circumstances to make a vehicle sale order, in addition to any other matters which the court considers relevant, the court must take into account—

(a)

the practicability of alternative means of transport if the order were made; and

(b)

whether the individual or any other person would be likely to be unduly prejudiced by the making of the order.

(3)

The court must not make a vehicle sale order before the end of a period of 28 days beginning with the date on which—

(a)

the individual is convicted in the Crown Court in the relevant criminal proceedings; or

(b)

a clamping order is made under regulation 7,

whichever is the later.

(4)

(Except where the court determines an application for a new vehicle sale order made under regulation 24(2)(b)), if the court decides not to make a vehicle sale order—

(a)

the court must order the release of the motor vehicle or vehicles; and

(b)

the Lord Chancellor must—

(i)

in accordance with the order of the court, release the motor vehicle or vehicles from an immobilisation device or from storage as soon as is practicable during the relevant opening hours; and

(ii)

notify the individual that the individual remains liable to any charges due.