The Removal and Disposal of Vehicles (Prescribed Periods) Regulations (Northern Ireland) 2012 No. 52

The Removal and Disposal of Vehicles (Prescribed Periods) Regulations (Northern Ireland) 2012 No. 52

Statutory Rules of Northern Ireland

2012 No. 52

Environmental Protection

The Removal and Disposal of Vehicles (Prescribed Periods) Regulations (Northern Ireland) 2012

Made

20th February 2012

Coming into operation

1st April 2012

The Department of the Environment makes the following Regulations in exercise of the powers conferred by Articles 30(2) and 31(1)(c)(ii) and (5) of the Pollution Control and Local Government (Northern Ireland) Order 1978(1).

Citation and commencement

1. These Regulations may be cited as the Removal and Disposal of Vehicles (Prescribed Periods) Regulations (Northern Ireland) 2012 and come into operation on 1st April 2012.

Interpretation

2. In these Regulations "the 1978 Order" means the Pollution Control and Local Government (Northern Ireland) Order 1978.

Period during which an occupier of land may object to a proposal to remove an abandoned vehicle

3. For the purposes of Article 30(2) of the 1978 Order, the prescribed period shall be 7 days from the day on which the notice is served.

Period during which an owner may comply with a notice to remove a vehicle

4. For the purposes of Article 31(1)(c)(ii) of the 1978 Order, the prescribed period shall be 7 days from the day on which the notice is served.

Period during which an owner may remove a vehicle from council custody before disposal

5. For the purposes of Article 31(5) of the 1978 Order, the prescribed period shall be the period commencing on the date the district council notifies the person in writing that he may remove the vehicle and ending on the seventh day after that date, or at the time when the vehicle is disposed of, whichever is the later.

Sealed with the Official Seal of the Department of the Environment on 20th February 2012.

Legal seal

Wesley Shannon

A senior officer of the Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision concerning the removal of abandoned vehicles and the disposal of removed vehicles by district councils under Articles 30 and 31 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (N.I.19) as amended by the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c.23 (N.I.)).

The Regulations prescribe the period during which the occupier of land may object to the removal of an abandoned vehicle from that land (regulation 3) and the period during which the owner of a vehicle may remove it from the custody of a district council (regulations 4 and 5).

A regulatory impact assessment on the effect of the Clean Neighbourhoods and Environment Bill (Northern Ireland) is available on the Department's website (vehicles are dealt with on pp.6 to 7). A separate regulatory impact assessment has not been produced for these Regulations as they have no impact on the cost to business.

(1)

S.I. 1978/1049 (N.I. 19) as amended by sections 8 and 9 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c.23 (N.I.)).