The Police (Retention and Disposal of Motor Vehicles) (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

Under section 126 of the Antisocial Behaviour etc. (Scotland) Act 2004 (vehicles used in a manner causing alarm, distress or annoyance to members of the public) the police have certain powers to seize and remove motor vehicles.

These Regulations provide for the retention, safe keeping and disposal by the police or persons authorised by the chief constable, of motor vehicles seized under those powers. Those authorised by the chief constable as well as constables themselves are referred to as the “retaining authority”.

Under regulation 4, the retaining authority having custody of the motor vehicle is obliged to take steps to give a notice to the person who owns the motor vehicle requiring him to claim the motor vehicle within 7 days. The notice must indicate that charges may be payable by that person and that the motor vehicle may be retained until these charges are paid. The level of the charges is prescribed in regulation 6.

Where the retaining authority is unable to serve a notice on the owner of the motor vehicle, or that person fails to remove the motor vehicle from custody, the retaining authority must take further steps to identify the owner of the motor vehicle. If unsuccessful, or the owner fails to remove the motor vehicle, the retaining authority may dispose of the motor vehicle in accordance with regulation 7.

Regulation 8 provides that where a motor vehicle is sold, the net proceeds of sale are payable to the owner of a motor vehicle, if a claim is made by the owner within a year of the sale.