The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Scotland) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Refuse Disposal (Amenity) Act 1978 (“the 1978 Act”) and the Road Traffic Regulation Act 1984 (“the 1984 Act”). They revoke and replace the instruments specified in Schedule 2.

Section 3 of the 1978 Act requires a local authority to remove certain abandoned vehicles, section 4 of that Act enables the authority to dispose of such vehicles, and section 5 of that Act enables the authority to recover expenses in connection with removed vehicles.

Sections 101 and 102 of the 1984 Act enable a local authority to dispose of a vehicle which appears to have been abandoned and which has been, or could at any time be, removed under certain powers under that Act.

These Regulations prescribe the amounts payable in respect of removal, retention and disposal of vehicles as set out in Parts 1 to 3 of Schedule 1. The amount of the charge payable in respect of those matters is now determined by the type or size of a vehicle, and by the circumstances under which it is removed by an authority.

These Regulations revoke the instruments listed in Schedule 2 which provided for charges of £150 for removal of a vehicle, £20 a day (or part of a day) for storage of a vehicle and £150 for disposal of a vehicle.

The period during which a person may remove a vehicle from the custody of a local authority, on payment of the sums in respect of removal and storage as prescribed by these Regulations, is 7 days by virtue of regulation 16 of the Removal and Disposal of Vehicles Regulations 1986 (S.I. 1986/183).

A business and regulatory impact assessment has not been prepared for these Regulations.