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.