The Enforcement of Fines (Seizure and Disposal of Vehicles) (Scotland) Regulations 2008

Procedure on executing a seizure order

10.  The contractor must, when carrying out a seizure order, affix a notice on a prominent position of the vehicle containing details of the vehicle, including its registration mark, informing the offender–

(a) that the vehicle has been seized;

(b) of the terms of the seizure order, as provided by regulation 4;

(c) that it is an offence under section 226D(9) of the 1995 Act to remove or attempt to remove, without lawful authority or reasonable excuse, an immobilisation device fitted or a notice fixed to a vehicle in pursuance of a seizure order, punishable on summary conviction to a fine not exceeding level 3 on the standard scale;

(d) how to secure the release of the vehicle;

(e) of the amount of the relevant penalty and the charges payable to secure the release of the vehicle;

(f) of the name, address and telephone number of the FEO for the purpose of dealing with enquiries regarding the seizure order;

(g) of the name, address and telephone number of the contractor;

(h) of the court to which any application may be made in respect of the seizure order;

(i) of the times during which the contractor, the FEO and the clerk of court may be contacted;

(j) of the right to apply to the court for a review of the making of a seizure order under section 226H of the 1995 Act and the means by which that may be undertaken; and

(k) of the right of a third party who claims to own the vehicle to apply–

(i) in the first instance, to the FEO that the seizure order shall cease to have effect;

(ii) if unsuccessful under sub-paragraph (i), thereafter to the sheriff, in accordance with regulation 14(1)(b), for an order to that effect.