Clause 30

Without affecting section 95 or 95A, an order for the forfeiture, or an order for the release of a vehicle liable to forfeiture, under this section may be made by the Authority if it is satisfied that —

the vehicle is a non‑compliant power‑assisted bicycle or a non‑compliant personal mobility device; (b)an offence under section 5, 5A, 5B or 10 or any rules made under section 6 has been committed and that the non‑compliant power‑assisted bicycle or the non‑compliant personal mobility device was the subject matter, or was used in the commission, of the offence; and

a person is convicted of the offence, or a person reasonably suspected of having committed the offence has that offence compounded under section 135.(2) If there is no prosecution with regard to an offence under section 5, 5A, 5B or 10 or any rules made under section 6, a vehicle seized under section 95 or 95A may be forfeited by the Authority at the end of 30 days after the date of the seizure —

if the vehicle is a non‑compliant power‑assisted bicycle or a non‑compliant personal mobility device; and

if no claim to the non‑compliant power‑assisted bicycle or the non‑compliant personal mobility device is made in the prescribed manner to the Authority before the end of that period.(3) Upon receipt of a claim mentioned in subsection (2)(b), the Authority may direct that the non‑compliant power‑assisted bicycle or non‑compliant personal mobility device be released or may refer the matter by information to a Magistrate.(4) The Magistrate must, on receipt of an information under subsection (3), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter, and —

must order the non‑compliant power‑assisted bicycle or the non‑compliant personal mobility device, as the case may be, to be forfeited on proof that the non‑compliant power‑assisted bicycle or the non‑compliant personal mobility device was used in the commission of an offence under section 5, 5A, 5B or 10 or any rules made under section 6; or

may, in the absence of such proof, order the release of the non‑compliant power‑assisted bicycle or the non‑compliant personal mobility device, as the case may be.(5) In any proceedings under subsection (4), the burden of proof lies on the person asserting that the person is the owner of the non‑compliant power‑assisted bicycle or the non‑compliant personal mobility device concerned, and on the person from whom the non‑compliant power‑assisted bicycle or the non‑compliant personal mobility device was seized, as the case may be.(6) In any proceedings in any court under subsection (4) in respect of the forfeiture of any vehicle seized in the exercise or the purported exercise of any power conferred under section 95 or 95A, no person is entitled to the costs of the proceedings or to any damages or other relief except an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.(7) Where any non‑compliant power‑assisted bicycle or non‑compliant personal mobility device is forfeited by the Authority under this section, the Authority may, after giving one month’s notice in the Gazette of the Authority’s intention to do so —

sell by public auction or tender the non‑compliant power‑assisted bicycle or non‑compliant personal mobility device and any uncollected item left in or on it; and a purchaser of any vehicle, article, item or thing sold in accordance with this paragraph acquires good title to that vehicle, article, item or thing; or

destroy or otherwise dispose of the non‑compliant power‑assisted bicycle or non‑compliant personal mobility device, article, item or thing (as the case may be).(8) The proceeds of a sale by public auction or tender of any vehicle, article, item or thing under subsection (7) must be applied as follows:

firstly, in payment of the expenses occasioned by the sale;

secondly, in payment of storage or other expenses incurred by the Authority in relation to the vehicle, article, item or thing;

thirdly, by payment of the balance into the Consolidated Fund.(9) In this section —“non‑compliant personal mobility device” means a personal mobility device the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under the Active Mobility Act 2017 either for all personal mobility devices generally or for the particular type of that personal mobility device;“non‑compliant power‑assisted bicycle” means a power‑assisted bicycle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under section 6 or the rules made under that section either for all power‑assisted bicycles generally or for the particular type of that power‑assisted bicycle.”.