The Criminal Legal Aid (Motor Vehicle Orders) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/1686 |
| Year | 2013 |
2013 No. 1686
Legal Aid And Advice, England & Wales
The Criminal Legal Aid (Motor Vehicle Orders) Regulations 2013
Made 5th July 2013
Laid before Parliament 9th July 2013
Coming into force 30th July 2013
The Lord Chancellor makes the following Regulations1in exercise of the powers conferred by sections 5(2), 23(11), 24, 30(2) and 41(3)(a) of, and Schedule 2 to, the Legal Aid, Sentencing and Punishment of Offenders Act 20122.
PART 1
Interpretation and General
Citation, commencement and transitional provision
1.—(1) These Regulations may be cited as the Criminal Legal Aid (Motor Vehicle Orders) Regulations 2013 and come into force on 30th July 2013.
(2) These Regulations do not apply to a pre-commencement case.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“charges due” means the total charges imposed in accordance with regulation 27 (charges);
“contribution order” means a document which records a determination by the Director under the Contribution Orders Regulations;
“Contribution Orders Regulations” means the Criminal Legal Aid (Contribution Orders) Regulations 20133;
“court” means a magistrates’ court;
“date of change in liability” means the date on which—
(a) the individual’s contribution order is amended; or
(b) the determination under the Contribution Orders Regulations that an individual is liable to make a payment is withdrawn,
as a result of a reassessment or a review in accordance with regulations 18, 35 or 39 of the Contribution Orders Regulations;
“enforcement costs” mean the costs added to the amount payable by an individual in accordance with regulation 45 (costs of enforcement) of the Contribution Orders Regulations;
“overdue” in relation to an amount means any amount which is unpaid on the day after the date the payment is required to be made by the individual;
“registration mark” has the meaning given in section 23(1) of the Vehicle Excise and Registration Act 19944;
“relevant court” means the court to which the application is made for a motor vehicle order under regulation 5 (application for a clamping order) or regulation 19 (application for a vehicle sale order);
“relevant criminal proceedings” means the criminal proceedings in relation to which the individual’s liability under the Contribution Orders Regulations to the relevant overdue amount specified in the motor vehicle order arose;
“relevant opening hours” means the hours specified in accordance with regulation 13(d)(ii) (immobilisation notices) or regulation 14(3)(g) (removal and storage of a motor vehicle); and
“relevant overdue amount” does not include an amount payable under a Recovery of Defence Costs Order within the meaning of the Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 20135, but otherwise has the meaning in paragraph 1 of Schedule 2 to the Act.
(2) For the purposes of regulation 1(2), “pre-commencement case” means a case where the determination by the Director under section 16 of the Act (representation in criminal proceedings) that an individual qualifies for representation for the purposes of criminal proceeding to which the Contribution Orders Regulations apply is made before the date on which these Regulations come into force.
Delegation
3. A function of the Lord Chancellor under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor6.
Provision of information and documentary evidence
4. For the purposes of the enforcement of an obligation to make a payment under the Contribution Orders Regulations, the Lord Chancellor may at any time require an individual to provide information and documentary evidence relating to—
(a) the individual’s interest in a motor vehicle; and
(b) the interest of any other person in the motor vehicle.
PART 2
Clamping Orders
Application for a clamping order
5.—(1) The Lord Chancellor may apply in writing to the court for a clamping order in respect of an individual for the purpose of enabling a relevant overdue amount required to be paid by the individual to be recovered.
(2) The application must include—
(a)
(a) the individual’s full name, last known address and date of birth; and
(b)
(b) details of—
(i) the relevant overdue amount;
(ii) the steps taken in connection with the enforcement of the obligation to pay the relevant overdue amount;
(iii) the motor vehicle or vehicles to be clamped;
(iv) the estimated value of the motor vehicle or vehicles if sold; and
(v) the individual’s interest in the motor vehicle or vehicles.
(3) The application must be accompanied by any relevant documentary evidence.
(4) The Lord Chancellor must send a copy of the application by post to—
(a)
(a) the individual; and
(b)
(b) any other person who the Lord Chancellor is aware has an interest in the motor vehicle or vehicles,
at their last known address.
Representations and documentary evidence in relation to a clamping order
6.—(1) The Lord Chancellor must notify—
(a)
(a) the individual; and
(b)
(b) any other person who the Lord Chancellor is aware has an interest in the motor vehicle or vehicles,
that they may submit written representations to the relevant court in relation to the application for a clamping order.
(2) Written representations under paragraph (1) must be—
(a)
(a) made within—
(i) 14 days beginning with the date of the notification under paragraph (1); or
(ii) such further period as the court may allow following an application to the court for an extension of time made within the period specified in sub-paragraph (i); and
(b)
(b) accompanied by any relevant information and documentary evidence, including information and documentary evidence as to the matters set out in regulation 7(2).
(3) Written representations made by a person notified in accordance with paragraph (1)(b) must be accompanied by any relevant information and documentary evidence as to that person’s interest in the motor vehicle or vehicles to be clamped.
The making of a clamping order
7.—(1) On receipt of—
(a)
(a) an application for a clamping order made under regulation 5; and
(b)
(b) any representations made in accordance with regulation 6,
the court must decide whether it would be appropriate in all the circumstances to make a clamping order.
(2) In deciding whether it would be appropriate in all the circumstances to make a clamping order, in addition to any other matters which the court considers relevant, the court must take into account—
(a)
(a) the practicability of alternative means of transport if the order were made; and
(b)
(b) whether the individual or any other person would be likely to be unduly prejudiced by the making of the order.
(3) The court must not make a clamping order unless satisfied that—
(a)
(a) the failure to pay the relevant overdue amount is attributable to the individual’s wilful refusal or culpable neglect;
(b)
(b) 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; and
(c)
(c) the motor vehicle or vehicles to be clamped are owned by the individual liable to pay the relevant overdue amount.
(4) In this regulation and regulation 21, “alternative means of transport” include, where relevant—
(a)
(a) home to school travel arrangements or school travel arrangements provided by a local authority in accordance with sections 508B or 508C of the Education Act 19967;
(b)
(b) the Patient Transport Service8; and
(c)
(c) public transport.
Matters to be included in a clamping order
8.—(1) A clamping order must state—
(a)
(a) the individual’s full name, last known address and date of birth;
(b)
(b) details of—
(i) the relevant overdue amount; and
(ii) the motor vehicle or vehicles to be clamped;
(c)
(c) how the relevant overdue amount may be paid;
(d)
(d) (except where the court makes a new clamping order following an application under regulation 17(2)(b)) the earliest date on which the motor vehicle or vehicles may be clamped if the relevant overdue amount specified in the clamping order is not paid in full; and
(e)
(e) that the order ceases to have effect if—
(i) the motor vehicle or vehicles are released in accordance with regulations 15 to 18 or 21; or
(ii) the court makes a new clamping order following an application under regulation 17(2)(b).
(2) The court must send a copy of the clamping order to—
(a)
(a) the individual;
(b)
(b) any person who submits representations in accordance with regulation 6; and
(c)
(c) the Lord Chancellor.
Defect in a clamping order or irregularity in its execution
9.—(1) A clamping order shall not be held void by reason of any defect in the order.
(2) A person acting in the execution of a clamping order shall not be deemed to be a trespasser by reason only of any irregularity in the execution of the order.
(3) Nothing in this regulation shall prejudice the claim of any person for special damages in respect of any loss caused by a defect in the order or irregularity in its execution.
Clamping: exempt motor vehicles
10. A motor vehicle must not be clamped if—
(a) it displays a current disabled person’s badge or a current recognised badge;
(b) there are reasonable grounds for believing that it is used for the carriage of a disabled person;
(c) it is used for police, fire or ambulance purposes; or
(d) it is—
(i) being used by a doctor on call away from their usual place of work; and
(ii) displaying a British...
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