(1) Despite anything to the contrary in section 42 of the Supreme Court Act 1986 , the sheriff or police member may detain or immobilise a motor vehicle under this Part even if that motor vehicle—
(a) is primarily used by that person as a means of transport; and
(b) could not, but for this sub-section, be detained or immobilised because of section 42 of the Supreme Court Act 1986 .
(2) Despite anything to the contrary in section 42 of the Supreme Court Act 1986 , the sheriff may seize and sell a motor vehicle under this Part even if that motor vehicle—
(a) is primarily used by that person as a means of transport; and
(b) could not, but for this sub-section, be seized and sold because of section 42 of the Supreme Court Act 1986 .