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Refuse Disposal (Amenity) Act 1978

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Version Superseded: 18/10/2005

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3 Removal of abandoned vehicles.E+W+S

(1)Where it appears to a local authority that a motor vehicle in their area is abandoned without lawful authority on any land in the open air or on any other land forming part of a [F1highway][F1road], it shall be the duty of the authority, subject to the following provisions of this section, to remove the vehicle.

(2)Where it appears to a local authority that the land on which a motor vehicle is abandoned as aforesaid is occupied by any person, the authority shall give him notice . . . F2 that they propose to remove the vehicle in pursuance of subsection (1) above but shall not be entitled to remove it if he objects to the proposal . . . F2 within the prescribed period.

(3)A local authority shall not be required by virtue of subsection (1) above to remove a vehicle situated otherwise than on a carriageway [F3within the meaning of [F4the Highways Act 1980]] if it appears to them that the cost of its removal to the nearest convenient carriageway [F5within the meaning of that Act] would be unreasonably high.

[F6(4)In the application of subsection (3) above to Scotland, “carriageway” means a way, other than a cycle track, over which the public have a right of way for the passage of vehicles.]

(5)Where in pursuance of this section a local authority propose to remove a vehicle which in their opinion is in such a condition that it ought to be destroyed they shall, not less than the prescribed period before removing it, cause to be affixed to the vehicle a notice stating that the authority propose to remove it for destruction on the expiration of that period.

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Any vehicle removed by the council of [F8a non-metropolitan district in England] under this section shall be delivered by them to the county council in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the district council and the county council under this Act) as may be agreed between the district council and the county council or, in default of agreement, as may be determined by arbitration.

(8)While a vehicle, other than a vehicle to which a notice was affixed in accordance with subsection (5) above, is in the custody of a local authority [F9, a London waste disposal authority, the Greater Manchester Waste Disposal Authority, the Merseyside Waste Disposal Authority]. . . or the council of a county in England in pursuance of this section, it shall be the duty of that body to take such steps as are reasonably necessary for the safe custody of the vehicle.

(9)Subsections (5) and (6) of section 1 above shall apply to the duties imposed by subsections (1) and (2) above as if—

(a)for any reference to the duty imposed by that section there were substituted a reference to the duties aforesaid; and

(b)for any reference to a local authority within the meaning of that section there were substituted a reference to a local authority within the meaning of this section.

[F10(10)In this section and section 5 the area of the Greater Manchester Waste Disposal Authority is the metropolitan county of Greater Manchester excluding the metropolitan district of Wigan.]

Textual Amendments

F3Words “within the meaning of the Highways Act 1980” repealed (S.) by virtue of Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 156(3), 157(2), Sch. 9 para. 78(3)(b), Sch. 11

F4Words substituted for “the Highways Act 1959” by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 30

F5Words “within the meaning of that Act” repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 156(3), 157(2), Sch. 9 para. 78(3)(b), Sch. 11

F9Words inserted (E.W.) by S.I. 1985/1884, art. 5, Sch. 2 para. 15(b)

Modifications etc. (not altering text)

C1S. 3 modified (E.W.) by S.I. 1985/1884, art. 5, Sch. 2 para. 15

C2S. 3 power to apply conferred by Airports Act 1986 (c. 31, SIF 9), s. 66(1)(a)

C3S. 3 extended by Airports Act 1986 (c. 31, SIF 9), s. 66(3)(a)

S. 3 extended (with modifications) (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 6; S.S.I. 2000/312, art. 2

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