Part 10Further criminal measures

Seizure of vehicles

127Retention etc. of vehicles seized under section 126

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.