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The Criminal Justice (Northern Ireland) Order 2008

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This is the original version (as it was originally made).

Retention etc. of vehicles seized under Article 65

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66.—(1) The Secretary of State may by regulations make provision as to—

(a)the removal and retention of motor vehicles seized under Article 65; and

(b)the release or disposal of such motor vehicles.

(2) Regulations under paragraph (1) may, in particular, make provision—

(a)for the giving of notice of the seizure of a motor vehicle under Article 65 to a person who is the owner of that vehicle or who, in accordance with the regulations, appears to be its owner;

(b)for the procedure by which a person who claims to be the owner of a motor vehicle seized under Article 65 may seek to have it released;

(c)for requiring the payment of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release

(d)as to the circumstances in which a motor vehicle seized under Article 65 may be disposed of;

(e)as to the destination—

(i)of any fees or charges payable in accordance with the regulations; and

(ii)of the proceeds (if any) arising from the disposal of a motor vehicle seized under Article 65;

(f)for the delivery to a district council, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under Article 65.

(3) Regulations under paragraph (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if—

(a)the use by reference to which the motor vehicle in question was seized was not a use by him; and

(b)he did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner.

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