Explanatory Memorandum

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

2011 CHAPTER 23

4 May 2011

Commentary on Sections

Part 2 - Vehicles

Section 9 – Disposal of removed vehicle by district council

This section relates to the steps a district council must take before it can dispose of an abandoned vehicle. It amends Article 31 of the 1978 Order by removing the requirement to wait for the expiration of a valid licence. This has the effect of allowing any vehicle that is only fit for destruction to be destroyed immediately.  In other cases, if the owner either cannot be traced or fails to respond to a notice the vehicle can then be disposed of.

This section also amends Article 31 by allowing immediate disposal where neither a registration mark (plate) is shown nor current licence displayed. Without that information, it is considered unreasonable to expect the council to trace the owner.  This section allows these vehicles to be disposed of immediately.