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The Police (Retention and Disposal of Motor Vehicles) (Scotland) Regulations 2005

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Giving of seizure notice

4.—(1) The retaining authority shall, as soon as possible after a relevant motor vehicle has been taken into their custody, take such steps as are practicable to give a seizure notice to the person who is or appears to be the owner of that motor vehicle, except where the motor vehicle has been released from their custody in accordance with these Regulations.

(2) A seizure notice required to be given under these Regulations shall comply with, and be given in accordance with, the following provisions of this regulation.

(3) A seizure notice shall, in respect of the motor vehicle to which it relates, contain the specified information and shall state–

(a)the place where the motor vehicle was seized;

(b)the police area where it is now being kept;

(c)that the person to whom the notice is directed is required to claim the motor vehicle from the retaining authority on or before the date specified in the notice, being a date not less than 7 days from the day when the notice is given to that person;

(d)that unless the motor vehicle is claimed on or before that date the retaining authority intends to dispose of it; and

(e)that, subject to regulation 5(3), charges are payable under these Regulations by the owner of the motor vehicle in respect of the removal and retention of the motor vehicle, and that the motor vehicle may be retained until such charges are paid.

(4) The seizure notice shall be given–

(a)by delivering it to the person to whom it is directed;

(b)by leaving it at that person’s usual or last known address;

(c)by addressing it to that person and sending it by registered post to that person’s usual or last known address;

(d)if the person is a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office, or sending it by registered post, addressed to the secretary or clerk of the body at that office; or

(e)if the person is a limited liability partnership or a member of the partnership, by sending it by registered post to the registered or principal office of the patnership.

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