Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967

JurisdictionUK Non-devolved
CitationSI 1967/1900

1967 No. 1900

ROAD TRAFFIC

The Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967

19thDecember 1967

3rdJanuary 1968

5thJanuary 1968

The Secretary of State (as respects Scotland, Wales and Monmouthshire), and the Minister of Transport (as respects England excluding Monmouthshire), in exercise of their powers under section 25 of the Civic Amenities Act 1967(a) as amended by section 109 of and Schedule 6 to the Road Traffic Regulation Act 1967(b), and of all other powers them enabling in that behalf, hereby make the following Order:—

Citation, commencement and interpretation.

1.—(1) This Order may be cited as the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967 and shall come into operation on 5th January 1968.

(2) The Interpretation Act 1889(c) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

Alteration of enactments.

2.—Sections 20, 52 and 53 of the Road Traffic Regulation Act 1967, as amended by Section 52(2) of and Schedule 5 to the Police (Scotland) Act 1967(d), shall be altered so as to have effect as set out in Schedule 1 to this Order.

Transitional, incidental and supplemental provisions.

3.—(1) Notwithstanding the alterations made by Article 2 of this Order to sections 20, 52 and 53 of the Road Traffic Regulation Act 1967, the said sections as in force immediately before the coming into operation of this Order and the orders and regulations then in force thereunder (being the orders and regulations specified in Schedule 2 to this Order) shall remain in force until the coming into operation of the first regulations to be made under the said sections as altered, and on the coming into operation of such regulations under the said sections as altered the said orders and regulations specified in Schedule 2 to these Regulations shall cease to have effect.

(a) 1967 c. 69.

(b) 1967 c. 76.

(c) 52 & 53 Vict. c. 63.

(d) 1967 c. 77.

(2) In so far as any local act, order or scheme applies the provisions of any regulations for the time being in force under section 20 of the Road Traffic Regulation Act 1967 as in force immediately before the coming into operation of this Order as to the method of removing vehicles and their loads and as to arrangements for the safe custody of vehicles and their loads, or applies section 52 of the said Act as in force immediately before the coming into operation of this Order and any order for the time being in force thereunder, or requires compliance on the disposal of a vehicle with any regulations for the time being in force under the said section 20 as in force immediately before the coming into operation of this Order or contains provisions similar to any regulations relating to the disposal of a vehicle made thereunder, it shall have effect after the coming into operation of the first regulations to be made under sections 20, 52 and 53 of the said Act as altered by Article 2 of this Order as if it applied the provisions of the said section 20 as altered as aforesaid and any regulations for the time being in force thereunder, or applied section 52 as altered as aforesaid and any regulations for the time being in force thereunder, or required compliance on the disposal of a vehicle with the provisions of, or contained provisions similar to, the provisions of section 53 of the said Act as altered as aforesaid and any regulations for the time being in force thereunder.

(3) Section 38(2) of the Interpretation Act 1889 shall apply as if sections 20, 52 and 53 of the Road Traffic Regulation Act 1967 as altered by Article 2 of this Order were an Act of Parliament, as if the said sections as in force immediately before the coming into operation of this Order and the Orders and Regulations revoked by paragraph (1) of this Article were Acts of Parliament repealed by the said sections as altered by Article 2 of this Order, and as if such repeal took effect at the time at which the first regulations to be made under the said sections as altered by this Order came into operation.

William Ross, One of Her Majesty's Principal Secretaries of State.

Dated the 19th December 1967.

Cledwyn Hughes, One of Her Majesty's Principal Secretaries of State.

Dated the 19th December 1967.

Given under the Official Seal of the Minister of Transport the 19th December 1967.

Barbara Castle, The Minister of Transport.

(L.S.)

SCHEDULE 1

(PROVISIONS REPLACING SECTIONS 20, 52 AND 53 OF THE ROAD TRAFFIC REGULATION ACT 1967)

Article 2

Removal of vehicles illegally, obstructively or dangerously parked, abandoned, or broken down.

20—(1) The appropriate Minister may by regulations make provision for the removal of vehicles which have been permitted to remain at rest—

(a) on a road in contravention of any statutory prohibition or restriction, or

(b) on a road in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or as to be likely to cause danger to such other persons, or

(c) on a road or on any land in the open air in such a position or in such condition or in such circumstances as to appear to an authority empowered by such regulations to remove such vehicles to have been abandoned without lawful authority,

or which have broken down on a road.

(2) Where it appears to an authority who are empowered to remove a vehicle in pursuance of regulations under this section that the vehicle is on land which is occupied by any person, the authority shall give him notice in the prescribed manner that they propose to remove the vehicle in pursuance of regulations under this section but shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.

(3) Where in pursuance of...

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