SCHEDULES

SCHEDULE 2Criminal legal aid: motor vehicle orders

Matters of which court to be satisfied

5

1

MVO regulations must provide that, before a court makes a clamping order in respect of an individual, it must be satisfied—

a

that the failure to pay the relevant overdue amount is attributable to the individual's wilful refusal or culpable neglect, and

b

that the value of the motor vehicle or vehicles to be clamped, if sold, would be likely to be an amount which exceeds half of the estimated recoverable amount.

2

In this paragraph “the estimated recoverable amount” means the aggregate of—

a

the relevant overdue amount, and

b

the amount of the likely charges due under MVO regulations in relation to the motor vehicle or vehicles.