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The Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012

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Removal and delivery of property detained

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7.—(1) An authorised person may direct in writing that any property detained in accordance with regulation 3 be removed and delivered into the custody of a person specified in the direction.

(2) A vehicle may be driven, towed or removed by such means as are reasonable in the circumstances and any necessary steps may be taken in relation to the vehicle in order to facilitate its removal.

(3) The contents of a vehicle may be removed separately in cases where—

(a)it is reasonable to do so to facilitate removal of the vehicle;

(b)there is good reason for storing them at a different place from the vehicle; or

(c)their condition requires them to be disposed of without delay.

(4) A person may be specified in a direction only if that person—

(a)is appointed by an authorised person;

(b)has made arrangements with the Department and agreed to accept delivery of the property in accordance with those arrangements; and

(c)has agreed with the Department to take such steps as are necessary for the safe custody of such property.

(5) The arrangements made by virtue of paragraph (4) may include the payment of a sum to a person into whose custody any property is delivered.

(6) Where an authorised person has given a direction by virtue of paragraph (1) in respect of a vehicle, the authorised person may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.

(7) Subject to the powers of a person specified in a direction by virtue of paragraph (1) to sell or destroy property, it shall be the duty of that person while any property is in that person’s custody to take such steps as are necessary for the safe custody of that property.

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