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6. In regulation 6 (release of immobilised vehicles)—
(a)in paragraph (1) sub-paragraph (b)—
(i)paragraph (i) and the word “or” following it shall be omitted; and
(ii)in paragraph (ii) there shall be omitted “or that the vehicle was at the time it was immobilised an exempt vehicle”;
(b)for paragraph (3) there shall be substituted—
“(3) The second requirement is that—
(a)evidence that no offence under section 29(1) of the 1994 Act was being committed when the immobilisation device was fixed or the vehicle moved is produced in accordance with instructions specified in the immobilisation notice;
(b)the prescribed charge for a surety payment is paid in any manner specified in the immobilisation notice;
(c)a vehicle licence for the vehicle, which is in force, is produced; or
(d)a declaration is made that—
(i)an appropriate licence was in force for the vehicle at the time when the immobilisation device was fixed or the vehicle moved;
(ii)save in the case of a vehicle stationary on a public road, a relevant declaration was in force for the vehicle at that time; or
(iii)at that time the vehicle was an exempt vehicle which was not one in respect of which regulations under the 1994 Act require a nil licence to be in force.”.
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