SCHEDULES
SCHEDULE 2DETENTION OF VEHICLES USED WITHOUT OPERATOR'S LICENCE
Return or disposal of vehicle
9
1
Regulations shall make provision—
a
enabling the Department to hold a hearing before determining an application by virtue of paragraph 8,
b
requiring the Department to hold a hearing if requested by a person who claims to be the owner,
c
as to the time within which the hearing must be held, and
d
subject to such provision as may be made by the regulations, for the hearing to be held in public.
2
Regulations shall also provide that, if no hearing is held, the Department must determine the application within a prescribed time after receiving notice of the application.
3
Regulations shall provide that—
a
if the Department determines that one of the grounds prescribed by virtue of paragraph 8(3) is made out, it must order the person specified in a direction by virtue of paragraph 5(1) to return the goods vehicle to the owner;
b
if the Department determines that none of those grounds is made out, the vehicle may be sold or destroyed by the person specified, in such manner as may be prescribed.