SCHEDULES

SCHEDULE 2Criminal legal aid: motor vehicle orders

Motor vehicle orders

3

1

In this Schedule “motor vehicle order” means—

a

a clamping order;

b

a vehicle sale order.

2

A clamping order is an order—

a

that a motor vehicle be fitted with an immobilisation device (“clamped”), and

b

which complies with any requirements that are imposed by MVO regulations with respect to the making of clamping orders.

3

A vehicle sale order is an order that—

a

a motor vehicle which is the subject of a clamping order is to be sold or otherwise disposed of in accordance with provision made by MVO regulations, and

b

any proceeds are to be applied, in accordance with MVO regulations, in discharging the individual's liability in respect of the relevant overdue amount.

4

MVO regulations may make provision in connection with—

a

the procedure for making motor vehicle orders,

b

the matters which must be included in such orders,

c

the fitting of immobilisation devices,

d

the fixing of notices to motor vehicles to which immobilisation devices have been fitted and the content of such notices,

e

the removal and storage of motor vehicles,

f

the release of motor vehicles from immobilisation devices or from storage, including the conditions to be met before a motor vehicle is released,

g

the sale or other disposal of motor vehicles not released,

h

the imposition of charges in connection with the fitting of immobilisation devices,

i

the imposition of charges in connection with the removal, storage, release (whether from immobilisation devices or from storage), sale or disposal of motor vehicles, and

j

the recovery of charges described in paragraphs (h) and (i), including provision for them to be recovered from the proceeds of sale of motor vehicles.

5

In this Schedule—

  • “immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);

  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.