Section 141 — Sentencing Act 2002: Party with interest may apply to court

141 Party with interest may apply to court (1) Any party (other than the offender) to any encumbrance other than a leasing agreement relating to the confiscated motor vehicle may apply to the court, at any time before the Registrar has sold the motor vehicle, for an order under subsection (2) . (2) The court may, if it thinks fit, make an order directing the Registrar to transfer the motor vehicle to that other party for disposal in accordance with the provisions of the encumbrance and of any enactment to which the encumbrance is subject, as if the offender had breached the terms of that encumbrance. (3) Every person to whom a motor vehicle is transferred under an order of the court made under this section must, on disposing of the motor vehicle, pay the proceeds of sale to the Registrar. (4) The Registrar must apply those proceeds in accordance with subsection (5) . (5) Out of the proceeds, the Registrar must pay to the person who sold the motor vehicle either,— (a) if the encumbrance is a hire purchase agreement and the motor vehicle is used or was acquired for use primarily for personal, domestic, or household purposes, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount required to settle the agreement under section 31 of that Act; or (b) in any other case, the amount of the costs and expenses of, and incidental to, the sale within the meaning of section 33 of the Credit (Repossession) Act 1997 and the amount owed by the offender under the encumbrance. (6) The Registrar must then apply the balance remaining in accordance with section 137(3) . Compare: 1985 No 120 s 87(6) , (7) Subsection (5) was substituted, as from 1 April 2005, by section 139 Credit Contracts and Consumer Finance Act 2003 (2003 No 52). See sections 141 to 143 of that Act as to the transitional provisions.