The Criminal Justice (Northern Ireland) Order 2008 (Retention and Disposal of Seized Motor Vehicles) Regulations (Northern Ireland) 2008

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

Under Article 66 of the Criminal Justice (Northern Ireland) Order 2008 (“the 2008 Order”) (retention etc. of vehicles seized under Article 65) the police have certain powers relating to the removal etc. of vehicles seized under Article 65 of that Order. These Regulations provide for the retention, safe keeping and disposal by the police or persons authorised by them, of vehicles seized under those powers.

Regulations 1 and 2 provide for citation, commencement and interpretation.

Regulation 3 provides for the retention and safe keeping of motor vehicles by a constable or person authorised by the Chief Constable.

Under regulation 4, the authorised person having custody of the vehicle is obliged to take steps to give a notice to the person who owns the vehicle requiring him to claim the vehicle within 7 working 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 unauthorised person is unable to serve a notice on the owner of the vehicle, or that person fails to remove the vehicle from their custody, the authorised person 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 5 provides for the release of vehicles and how an owner can reclaim the vehicle. Regulation 6 provides for the charges to be paid according to the vehicle position, condition and weight when seized. Charges can cover both seizure and storage costs.

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