Part 10

Further criminal measures

Seizure of vehicles

Retention etc. of vehicles seized under section 126
127
1
The Scottish Ministers may by regulations make provision as to—
a
the removal and retention of motor vehicles seized under section 126; and
b
the release or disposal of such vehicles.
2
Regulations under subsection (1) may in particular make provision for or in connection with—
a
the giving of notice of the seizure of a motor vehicle under section 126 to a person who—
i
is the owner of that vehicle; or
ii
in accordance with the regulations, appears to be its owner;
b
the procedure by which a person who claims to be the owner of a motor vehicle seized under section 126 may seek to have it released;
c
requiring the payment of fees, charges or other costs in relation to—
i
the removal and retention of such a motor vehicle; and
ii
any application for its release;
d
the circumstances in which a motor vehicle seized under section 126 may be disposed of;
e
the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 126.
3
Regulations under subsection (1) shall provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if—
a
the use by reference to which the motor vehicle concerned was seized was not a use by that person; and
b
the person—
i
did not know of the use of the vehicle in the manner that led to its seizure;
ii
had not consented to its use in that manner; and
iii
could not, by the taking of reasonable steps, have prevented its use in that manner.
4
In this section, “motor vehicle” has the same meaning as in section 126.