OpenLegislation

Section 101 Ultimate disposal of vehicles abandoned and removeable under this Act.E1C1C2C3C4

England and Wales

(1)

F1Subject to subsection (3) and section 101A below, a competent authority may, in such manner as they think fit, dispose of a vehicle which appears to them to be abandoned and which has been, or could at any time be, removed in pursuance of—

(a)

an order to which this section applies, or

(b)

regulations under section 99 of this Act.

(2)

This section applies to the following orders, that is to say—

(a)

any order under section 35 of this Act;

(b)

any order relating to a parking place designated under section 45 of this Act; and

(c)

any order containing a provision having effect by virtue of section 53(3) of this Act.

(3)

The time at which a competent authority may dispose of a vehicle under subsection (1) above is as follows, that is to say—

(a)

in the case of a vehicle which in their opinion is in such a condition that it ought to be destroyed; F2. . .

F3(b)

in the case of a vehicle, not falling within paragraph (a), which—

(i)

does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence), and

(ii)

does not display any registration mark (whether indicating registration within or outside the United Kingdom),

at any time after its removal;

(c)

in any other case, any time after such steps as may be prescribed have been taken by a competent authority (or partly by one competent authority and partly by the other) to find a person appearing to the authority taking such steps to be the owner of the vehicle and either—

(i)

they have failed to find such a person, or

(ii)

he has failed to comply with a notice served on him in the prescribed manner by a competent authority requiring him to remove the vehicle from their custody within the prescribed period.

F4. . .

(4)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

The Secretary of State may by regulations require an authority by whom a vehicle is disposed of in pursuance of this section to give such information relating to the disposal as may be prescribed to such persons as may be prescribed.

(8)

In this section—

  • “competent authority”, in relation to a vehicle, means—

    1. (a)

      the chief officer of the police force in whose area is the place which the vehicle has been removed or could at any time be removed, F6. . .

    2. (b)

      the local authority F7(other than Transport for London) in whose area that place is or to whom the vehicle has been delivered by the chief officer of a police force; F8F9...

    3. (c)

      Transport for London, where the vehicle has been removed by a parking attendant on its behalf; F10 or

    4. (d)

      the Secretary of State F11or a strategic highways company, where the vehicle has been removed by, or by virtue of arrangements made by, a traffic officer;

  • “licence”, in relation to a vehicle, means a licence issued for the vehicle under the F12Vehicles Excise and Registration Act 1994; F13(including a nil licence within the meaning of that Act)

  • “owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement; and

  • “local authority” F14 and “traffic officer” have the meanings assigned to them by section 100(5) and “vehicle” has the meaning assigned to it by section 99(5) of this Act.

Annotations

Textual amendments

F1

Words in s. 101(1) substituted (E.W.) (26.10.2006 for W. and 31.3.2008 for E.) by Traffic Management Act 2004 (c. 18), ss. 91, 99, Sch. 11 para. 3(1)(a); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8) (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)

F2

Words in s. 101(3)(a) repealed (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(2), 107, 108, Sch. 5 Pt. 1; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

F3

S. 101(3)(b) substituted (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(3), 108; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

F4

Words in s. 101(3) repealed (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(4), 107, 108, Sch. 5 Pt. 1; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

F5

S. 101(4)-(6) omitted (E.W.) (26.10.2006 for W.) and repealed (E.W.) (31.3.2008) by virtue of Traffic Management Act 2004 (c. 18), ss. 91, 98, 99, Sch. 11 para. 3(1)(b), Sch. 12 Pt. 1 (with s. 38); S.I. 2006/2826, art. 2(2)(c); S.I. 2007/2053, art. 3(1)(2)(g) (with arts. 1(2), 4-8 (as amended (17.3.2008) by S.I. 2008/757, arts. 3(c), 5)); S.I. 2007/3174, art. 2, Sch.

F6

Word in definition of "competent authority" in s. 101(8) omitted (4.4.2001) by virtue of S.I. 2001/1353, art. 5(a)

F7

Words in definition of "competent authority" in s. 101(8)(b) inserted (4.4.2001) by S.I. 2001/1353, art. 5(b)

F8

Words in definition of "competent authority" in s. 101(8) omitted (E.) (1.10.2008) by virtue of The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(3)(a)(i)

F9

Para. (c) and preceding word in definition of "competent authority" in s. 101(8) inserted (4.4.2001) by S.I. 2001/1353, art. 5(c)

F10

Para. (d) and preceding word in definition of "competent authority" in s. 101(8) inserted (E.) (1.10.2008) by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(3)(a)(ii)

F11

Words in definition of "competent authority" in s. 101(8) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 93; S.I. 2015/481, reg. 2(a)

F12

Word in definition of "licence" in s. 101(8) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66, Sch. 3 para. 18(1) (with s. 57(4))

F13

Words in definition of "licence" in s. 101(8) inserted (E.W.) (18.10.2005 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 16(5), 108; S.I. 2005/2896, art. 3(d) (with art. 5(1)); S.I. 2006/2797, art. 2(d) (with art. 9) (as amended by S.I. 2007/120, art. 3)

F14

Words in definition of "local authority" in s. 101(8) substituted (E.) (1.10.2008)by The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 (S.I. 2008/2367), reg. 13(3)(b)

Modifications

C1

S. 101 modified (10.6.1993) by S.I. 1993/1461, art. 4(2).

S. 101 applied (with modifications) (8.1.1996) by 1995 c. x, s. 6

C2

S. 101: certain functions transferred (31.12.2004) by The National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044), art. 2, Sch. 1

C3

Ss. 100-102: power to amend or apply (with modifications) conferred (E.W.) (4.10.2004 for E. and 1.5.2009 for W.) by Traffic Management Act 2004 (c. 18), ss. 9(2), 99 (with s. 38); S.I. 2004/2380, art. 2(a); S.I. 2009/1095, art. 2(a)

C4

Ss. 101-103 applied (15.3.2018) by City of London Corporation (Open Spaces) Act 2018 (c. i), s. 13(5)(b) (with ss. 3, 4(2))

Extent

E1

This version of this provision extends to England and Wales only; a separate version has been created for Scotland only