Any person who carries on business as a registration plate supplier F7... without being registered by the Secretary of State shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

In this Part “registered” means registered in accordance with the provisions of this Part in a register established and maintained by the Secretary of State under section 18; and cognate expressions shall be construed accordingly.

The Secretary of State shall establish and maintain a register of persons carrying on business as registration plate suppliers.

Each person’s entry in the register shall contain such particulars as may be prescribed.

The Secretary of State shall, subject to subsection (6) and such fee (if any) as may be prescribed, supply any person who has requested information contained in the register with the information that he has requested.

If the request is for information in the form of a copy (certified to be true) of the register or of an extract from it, the Secretary of State shall, subject to subsection (6) and such fee (if any) as may be prescribed, supply the information in that form.

Any such certified copy shall be evidence F8(or, in Scotland, sufficient evidence) of the matters mentioned in it.

The Secretary of State may make all of the information contained in the register or information so contained of a particular description available F30... for use by constables for the purpose of investigating offences under this Part.

The Secretary of State may by regulations determine the circumstances in which any of the information to which constables have been given access under subsection (7) may be further disclosed by them.

The level of fees so prescribed may be set with a view to recovering the reasonable costs incurred by the Secretary of State in connection with the administration of this Part.

Where an order under section 20(1)(b) has effect in relation to a person who has been convicted of an offence under subsection (3), no application for registration shall be made by that person under subsection (1) in contravention of the order.

No application for registration shall be made under subsection (1) by a person while his registration is suspended by an order of a court under section 20(2).

A person who makes an application in contravention of subsection (4) or (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The Secretary of State shall, on receiving an application under subsection (1), register the applicant.

Where a registered person is convicted of an offence under this Part (other than an offence under section 19(3)) the court before which he is convicted may, instead of or in addition to imposing a fine, by order suspend his registration for any period of up to five years.

A court shall give notice to the Secretary of State of the contents of any order which has been made by it under subsection (1) or (2) and which has effect.

In this section “appeal” includes an application under section 111 of the Magistrates’ Courts Act 1980 (c. 43) F9or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (application by way of case stated).

The Secretary of State may cancel a person’s registration if he is satisfied that the person concerned is not carrying on business as a registration plate supplier and has not, while registered, been doing so for at least 28 days.

This section is subject to section 22.

The Secretary of State shall not cancel a person’s registration under section 21 unless the Secretary of State has complied with the provisions of this section.

The representations may be made orally or in writing.

If the person concerned informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give that person an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.

If the Secretary of State decides to proceed with his proposed cancellation, he shall serve a notice on the person concerned informing him of the Secretary of State’s decision to proceed and of the cancellation.

An appeal under subsection (1) shall be brought within the period of 21 days beginning with the day on which the person concerned is served with a notice under section 22(7).

A party to an appeal to the sheriff under subsection (1) may further appeal, on a point of law only, to the sheriff principal or the Court of Session; and the decision on such an appeal is final.

On an appeal under subsection (1) or (5), the court may confirm, vary or reverse the decision appealed against and generally give such directions as it considers appropriate having regard to the provisions of this Part.

The Secretary of State must comply with any directions given by a court under this section.

And if such an application or appeal is made or lodged, he need not do so until the final determination or withdrawal of the appeal or application.

The Secretary of State may by regulations provide for the keeping of records by registered persons.

In subsection (1) “registered” includes formerly registered.

Regulations under this section may specify provisions of the regulations as provisions to which subsection (4) applies.

A person who contravenes any provision to which this subsection applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In proceedings for an offence under subsection (4) it shall be a defence for the accused to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

The Secretary of State may by regulations provide for the obtaining by registered persons who are in the course of selling registration plates of information of a prescribed description from their prospective purchasers before the completion of the sale.

Regulations under this section may specify provisions of the regulations as provisions to which subsection (3) applies.

A person who contravenes any provision to which this subsection applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In proceedings for an offence under subsection (3) it shall be a defence for the accused to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

A constable or an authorised person may at any reasonable time enter and inspect premises for the time being entered in the register as premises which are occupied by a person carrying on business as a registration plate supplier wholly or partly for the purposes of his business so far as it consists in selling registration plates.

Subsection (4) applies where, on an application made by a constable or an authorised person, a justice of the peace F11 , or (in Scotland) a justice of the peace, magistrate or sheriff, is satisfied that admission to premises specified in the application is reasonably required in order to secure compliance with the provisions of this Part, or to ascertain whether those provisions are being complied with.

The justice F12of the peace, magistrate or sheriff may issue a warrant authorising a constable or (as the case may be) an authorised person to enter and inspect the premises concerned.

A constable or an authorised person in seeking to enter any premises in the exercise of his powers under subsection (1), and an authorised person in seeking to enter any premises in the exercise of his powers under a warrant issued under subsection (4), shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority for entering, before doing so.

Any person who obstructs an authorised person in the exercise of his powers under subsection (1) or (2) or under a warrant issued under subsection (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

A person applying to be registered in the register shall give notice to the Secretary of State of any changes affecting in a material particular the accuracy of the information which he has provided in connection with his application.

A registered person shall give notice to the Secretary of State of any changes affecting his entry in the register within 28 days of the changes occurring; and the Secretary of State shall amend the register accordingly.

A registered person who is not carrying on business as a registration plate supplier shall give notice to the Secretary of State of that fact within 28 days of the beginning of the period in which he is not carrying on business while registered.

A person who fails to give notice to the Secretary of State in accordance with subsection (1), (2) or (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In proceedings for an offence under subsection (4) it shall be a defence for the accused to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

A person who sells a plate or other device which is not a F38vehicle registration plate as a F38vehicle registration plate knowing that it is not a F38vehicle registration plate or being reckless as to whether it is a F38vehicle registration plate shall be guilty of an offence.

A person who sells a plate or other device which is not a trailer registration plate as a trailer registration plate knowing that it is not a trailer registration plate or being reckless as to whether it is a trailer registration plate shall be guilty of an offence.

The Secretary of State may by regulations provide that the offence under subsection (1A) F37or (1AA) is not committed in circumstances prescribed by the regulations.

A person guilty of an offence under F22this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (2)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.

In this Part, unless the context otherwise requires—

• “the 1994 Act” means the Vehicle Excise and Registration Act 1994 (c.22);

  F40“the 2018 Act” means the Haulage Permits and Trailer Registration Act 2018;

  “carrying on business as a registration plate supplier” has the meaning given by section 17(2);

  “contravene”, in relation to any provision of regulations, includes fail to comply with it;

  “exempt person” means any person who is an exempt person by virtue of regulations made under section 17(3)(b);

  F6 “ local authority ” means—

  1. a

     in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;

  2. b

     in relation to Wales, a county council or a county borough council;F14or

  3. c

     in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

  “notice” means notice in writing;

  “premises” includes any land or other place (whether or not enclosed);

  “prescribed” means prescribed by regulations made by the Secretary of State;

  “a register” means a register established and maintained under section 18;

  “registered” (and cognate expressions) have the meaning given by section 17(4);

  “registration mark” F41means a registration mark within the meaning given by section 23(1) of the 1994 Act or section 15(1) of the 2018 Act;

  “registration plate” F42means a trailer registration plate or a vehicle registration plate

• “selling registration plates” is to be construed in accordance with any regulations made under section 17(3)(a).

• F40“trailer registration plate” means a plate or other device which—

  1. a

     displays (whether alone or in conjunction with other information) in accordance with regulations made by virtue of section 15(4)(c) and (d)(i) of the 2018 Act a registration mark which complies with regulations made by virtue of section 15(4)(b) of that Act;

  2. b

     complies with requirements imposed by regulations made by virtue of section 15(4)(a) of the 2018 Act; and

  3. c

     is designed to be fixed to a trailer in accordance with regulations made by virtue of section 15(4)(d)(ii) of the 2018 Act;

• F40“vehicle registration plate” means a plate or other device which—

  1. a

     displays (whether alone or in conjunction with other information) in accordance with regulations under paragraph (b) of subsection (4) of section 23 of the 1994 Act a registration mark which complies with regulations under paragraph (a) of that subsection;

  2. b

     complies with requirements imposed by regulations made under section 27A(1)(a) of the 1994 Act; and

  3. c

     is designed to be fixed to a vehicle or trailer in accordance with regulations made under section 22(2) or 23(3) of that Act.

References in this Part to offences under this Part include references to anything which is an offence by virtue of section 24(3) and (4) or 25(2) and (3).

References in this Part to an appeal under section 23 being finally determined or withdrawn include references to the final determination or withdrawal of proceedings by way of case stated which relate to a decision by a magistrates’ court on an appeal under that section.

In section 22(1)(h) of the Vehicle Excise and Registration Act 1994 (c.22) (power to provide by regulations for the issue of new registration documents) after “stolen” there shall be inserted “ , surrendered ”.

After section 22 of that Act there shall be inserted—

After section 12(4) of the Theft Act 1968 (c.60) (offence of taking a conveyance without authority) there shall be inserted—

Subsection (1) applies in relation to offences committed on or after the day appointed for the purposes of this section by an order under section 44.

Payments under this section shall be paid at such times, in such manner and subject to such conditions as the Secretary of State may determine.

Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Where an offence under this Act committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.

For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Subsection (5) applies if a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.

In relation to that document, that address shall be treated as his proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).

Any notice in writing or other document required or authorised by virtue of this Act to be served on any person may be served on that person by transmitting the text of the notice or other document to him by means of F2an electronic communications network or by other means but while in an electronic form provided the text is received by that person in legible form and is capable of being used for subsequent reference.

This section does not apply to any document if rules of court make provision about its service.

In this section references to serving include references to similar expressions (such as giving or sending).

Any power of the Secretary of State to make an order or regulations under this Act shall be exercisable by statutory instrument.

A statutory instrument containing an order or regulations under this Act (other than an order under section 44) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

There shall be paid into the Consolidated Fund any sums received by a Minister of the Crown in consequence of this Act.

F16Part 1 and sections 35, 37 and 38 extend to England and Wales only.

F17Part 2 and sections 32 to 34 extend to England and Wales, Scotland and Northern Ireland.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Any amendment by the Schedule of an enactment has the same extent as the enactment amended.

Subject to subsection (4), this Part extends to England and Wales, Scotland and Northern Ireland.