The Comhairle nan Eilean Siar (Ardveenish) Harbour Revision Order 2000

Removal of vehicles

37.—(1) If a vehicle is left without permission of the Comhairle–

(a) in a parking place provided by the Comhairle within the harbour premises for a longer period than 24 hours;

(b) in any part of the harbour premises where the parking of vehicles is prohibited by notice erected by the Comhairle; or

(c) in any place within the harbour premises where it is likely to obstruct or interfere with the use of the harbour premises,

the Comhairle may cause it to be removed to a place of safe custody.

(2) Any such notice as is referred to in paragraph (1)(b) shall be conspicuously posted in or in proximity to the place to which it relates.

(3) Where the Comhairle in exercise of the powers of this article cause a vehicle to be removed the expenses of and incidental to its removal and safe custody shall be recoverable by the Comhairle from the person responsible.

(4) If the Comhairle in exercise of the powers of this article cause a vehicle to be removed, they shall, if and as soon as is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971(1), at his last known address, his registered address, or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.

(5) A notice stating the general effect of paragraph (1) shall be displayed in a prominent position at each entrance to any parking place provided by the Comhairle and at each place where a road accessible to vehicles enters any part of the harbour premises, and shall be endorsed on any tickets issued to persons leaving vehicles in such parking place or elsewhere at the harbour premises.

(6) In paragraph (3) “person responsible”, in relation to a vehicle, means–

(a) the owner of the vehicle at the time when it was put in the place from which it was so removed, unless he shows that he was not concerned in and did not know of its being put there;

(b) any person by whom it was put in that place; or

(c) any person convicted of an offence under section 2 of the Refuse Disposal (Amenity) Act 1978(2) in consequence of the putting of the vehicle in that place.

(1)

S.I. 1971/450; the only relevant amending instrument is S.I. 1975/1342.

(2)

1978 c. 3; section 2 was amended by Schedules 9 and 11 to the Roads (Scotland) Act 1984 (c. 54) and by Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40).