The Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) Regulations 2011
UK Statutory Instrument 2011 No. 1120 — creates 3 criminal offences.
- Made
- 12 April 2011
- In force from
- 16 May 2011
- Extent
- Not stated
- Subject
- Corporate, financial services, company law, employment, charity, electoral and tax
- Made under
- Schedule 2A to, the Road Traffic Act 1988
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
The Regulations provide for the immobilisation and removal of uninsured vehicles found stationary on roads and other public places. Regulation 3 provides for the authorisation of persons for the purposes of the Regulations. Regulation 4 sets out circumstances in which the Regulations do not apply. Regulation 5 enables a person authorised by the Secretary of State to fix an immobilisation device to an uninsured vehicle. Regulation 6 states the conditions to be fulfilled (including the payment of prescribed charges specified in Schedule 1) for the release of a vehicle from an immobilisation device. Offences in connection with immobilisation (including unlawful interference with an immobilisation device and falsely claiming exemption to secure the release of a vehicle) are created by regulations 7 and 8. Regulations 9 to 13 provide for the removal and disposal of vehicles under the Regulations, for the retention of a removed vehicle until prescribed charges are paid and for the conditions under which a removed vehicle can be recovered. When a vehicle has been disposed of, the owner can claim a sum equal to the proceeds of sale after deduction of prescribed charges. Provision is made by regulation 14 for disputes about charges paid to secure the release of a vehicle from an immobilisation device, or to secure possession of it after its removal, to be referred to a person authorised by the Secretary of State. An appeal against the determination of the authorised person can be made to a magistrates’ court in England and Wales or a Sheriff Court in Scotland. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Pauline Morgan at the Department for Transport Tel: 0207 944 2461 or e-mail: Pauline.morgan@dft.gsi.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.
Offences created by this instrument
- Removal of or interference with immobilisation notice or device regulation 7(2) · Status not determined · Strict liability
- Removal of or interference with immobilisation notice or device regulation 7(3) · Status not determined · Strict liability
- 1 Where these Regulations would apply to a vehicle but for the provisions of regulation 4(1) and (2)(a) and the… regulation 8(1) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2011