The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1997

Statutory Instruments

1997 No. 565

ROAD TRAFFIC

The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1997

Made

3rd March 1997

Laid before Parliament

10th March 1997

Coming into force

1st April 1997

The Secretary of State for Transport, in exercise of the powers conferred by sections 57(1), (2) and (3) of, and Schedule 2A to, the Vehicle Excise and Registration Act 1994(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.

Preliminary

2  The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1996(2)shall be amended in accordance with the following provisions of these Regulations.

Amendment to regulation 8

3.  In regulation 8(3), the words “in accordance with paragraph 1” shall be omitted.

Amendment to regulation 11

4.  For regulation 11(3), there shall be substituted the following paragraph—

“(3) A notice under paragraph (2)(b) shall be a notice addressed to the owner which—

(a) states:—

(i) the registration mark and make of the vehicle;

(ii) the place where the vehicle was found before it was immobilised;

(iii) the place to which the vehicle has been removed;

(iv) the steps to be taken to obtain possession of the vehicle in accordance with regulation 13;

(v) that unless the vehicle is removed by the owner on or before the date specified under sub-paragraph (b), the custodian intends to dispose of it; and

(b) requires the owner to remove the vehicle from the custody of the custodian within 21 days of the date on which the notice was served.”

Amendment to Schedule 2

5.  For Schedule 2 there shall be substituted the Schedule set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Transport

John Bowis

Parliamentary Under-Secretary of State,

Department of Transport

3rd March 1997

regulation 5

SCHEDULE

regulation 4

“SCHEDULE 2 THE DESIGNATED CLAMPING AREA

Greater London.”

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1996.

The main change is the extension of the area in which unlicensed mechanically propelled vehicles found stationary on public roads may be immobilised to cover the whole of Greater London.

The Regulations also make a drafting amendment in regulation 8 and amend regulation 11(3) to revise the requirements for a notice under regulation 11(2)(b).

(1)

1994 c. 22. Schedule 2A was inserted by paragraph 36(2) of Schedule 4 to the Finance Act 1995 (c. 4).

(2)

S.I. 1996/107.