Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Release of vehicles

5.—(1) Subject to the provisions of these Regulations, if, before a relevant motor vehicle is disposed of by a retaining authority, a person satisfies the retaining authority that they are the owner of that motor vehicle and pay to the retaining authority such a charge in respect of its removal and retention as is provided for in regulation 6, the retaining authority shall permit that person to remove the motor vehicle from such custody.

(2) In determining whether the retaining authority is satisfied that a person who claims to be the owner of a relevant motor vehicle is in fact the owner, the retaining authority may consider such documentary evidence as may be supplied.

(3) A person who would otherwise be liable to pay a charge under paragraph (1) shall not be liable to pay it if–

(a)the use by reference to which the motor vehicle was seized under section 126 of the 2004 Act was not a use by that person; and

(b)that person did not know of the use of the motor 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources