# The Motor Vehicle Tyres (Labelling) (Enforcement) (Amendment) (EU Exit) Regulations 2020, Regulation 13: Applications for the release of detained items


(1) Any person having an interest in any relevant tyres or records detained for the time being under regulation 11 may apply for an order requiring any item so detained to be released to the applicant or another person.
(2) An application under this regulation may be made—
(a) in England and Wales or Northern Ireland, by way of complaint to a magistrates’ court; or
(b) in Scotland, by summary application to the sheriff.
(3) A magistrates’ court or the sheriff must not make an order under paragraph (1) unless the court or sheriff is satisfied that—
(a) no civil penalty has been imposed under regulation 5 for a breach of a relevant requirement in connection with the detained item and more than six months have elapsed since the seizure was carried out, or
(b) a civil penalty has been imposed under regulation 5 for a breach of a relevant requirement in connection with the detained item and all rights of objection or appeal in respect of such civil penalty have been extinguished.
(4) Any person aggrieved by an order made under this regulation by a magistrates’ court or sheriff, or by a decision of such a court or sheriff not to make such an order, may appeal against that order or decision—
(a) in England and Wales, to the Crown Court;
(b) in Scotland, to the Sheriff Appeal Court as though it were an appeal under section 110(1) of the Courts Reform (Scotland) Act 2014; or
(c) in Northern Ireland, to a county court.
(5) In England and Wales or in Northern Ireland, an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates Courts Act 1980 or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).

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Source: https://www.legislation.gov.uk/uksi/2020/1509/regulation/13 (the official version)
Page: https://openlegislation.uk/motor-vehicle-tyres-labelling-enforcement-amendment-eu-exit-regulations-2020/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.