Explanatory note

Under section 59 of the Police Reform Act 2002 (motor vehicles used in a manner which constitutes a specified offence and which causes, or is likely to cause, alarm, distress or annoyance to members of the public) the police have certain powers to seize and remove motor vehicles.

These Regulations provide for the retention, safe keeping and disposal by the police or persons authorised by them, of vehicles seized under those powers.

Under regulation 4, the authority having custody of the vehicle are obliged to take steps to give a notice to the person who owns the vehicle requiring him to claim the vehicle within 21 days. The notice must indicate that charges may be payable by that person and that the vehicle may be retained until these charges are paid. The level of the charges is prescribed in regulation 6.

Where the authority are unable to serve a notice on the owner of the vehicle, or that person fails to remove the vehicle from their custody, the authority must take further steps to identify the owner of the vehicle. If they are unsuccessful, or the owner fails to remove the vehicle, they may dispose of the vehicle in accordance with regulation 7.

Regulation 8 provides that where a vehicle is sold, the net proceeds of sale are payable to the owner of a vehicle, if he makes a claim within a year of the sale.