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

Disposal of motor vehicles

7.—(1) Where the retaining authority has been unable to give a seizure notice to the person who is or appears to be the owner of a relevant motor vehicle or, following the giving of such a seizure notice, the motor vehicle has not been released from the custody of the retaining authority under these Regulations, the retaining authority may dispose of the motor vehicle in accordance with the following provisions of this regulation.

(2) If the retaining authority is satisfied that the person to whom a seizure notice has been given is the owner of the motor vehicle, the retaining authority may dispose of the motor vehicle at any time, subject to paragraph (6).

(3) Where the retaining authority is not so satisfied, it may, after taking steps under paragraph (5) to find a person who may be the owner of the motor vehicle and any other steps for that purpose which appear to the retaining authority to be practicable, in such manner as the retaining authority thinks fit dispose of the motor vehicle at any time, subject to paragraph (6), if–

(a) the retaining authority fails to find such a person, allowing a reasonable time for any person or body from whom the retaining authority has requested information to respond to the request; or

(b) the retaining authority finds such a person but that person fails to comply with a seizure notice given under regulation 4; or

(c) the retaining authority finds such a person but that person is someone to whom the retaining authority has already given a seizure notice under regulation 4.

(4) For the purpose of paragraphs (2) and (3)(c), the expression “given” in respect of service of a seizure notice includes an attempt to serve a seizure notice.

(5) The steps to be taken under this paragraph to find a person who may be the owner of the motor vehicle shall be such of the following as are applicable to the vehicle–

(a) if the motor vehicle carries a GB registration mark–

(i) the retaining authority shall ascertain from the records maintained by the Secretary of State in connection with any functions exercisable by him by virtue of the Vehicle Excise and Registration Act 1994 the name and address of the person by whom the motor vehicle is kept and used; and

(ii) the retaining authority shall give, where practicable, the specified information to a relevant agency and shall enquire of them whether they can make any enquiries to find the owner of the motor vehicle;

(b) if the motor vehicle carries a registration mark other than a GB registration mark, the retaining authority shall, where practicable, give the specified information to a relevant agency and shall enquire of them whether they can make any enquiries to find the owner of the motor vehicle.

(6) The retaining authority may not dispose of the motor vehicle under this regulation–

(a) during the period of 3 months starting with the date on which the motor vehicle was seized;

(b) if the period in sub-paragraph (a) has expired, until after the date specified by virtue of regulation 4(3)(c); or

(c) if not otherwise covered by sub-paragraph (a) or (b), during the period of 7 days starting with the date on which the motor vehicle is claimed under regulation 5.

(7) In this regulation, “relevant agency” means such agency maintaining records of hire purchase agreements about motor vehicles as the retaining authority considers appropriate.