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Vehicles (Crime) Act 2001

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Vehicles (Crime) Act 2001, Cross Heading: General is up to date with all changes known to be in force on or before 30 August 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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GeneralE+W

30 Proceedings for offences under Part 2E+W

[F1(1)]Proceedings for an offence under this Part shall not be instituted[F2in England and Wales] except—

(a)by [F3the Secretary of State,] a local authority or a constable; or

(b)in any other case, with the consent of the Attorney General.

[F4(2)Proceedings for an offence under this Part shall not be instituted in Northern Ireland except—

(a)by the Secretary of State or a constable; or

(b)in any other case, with the consent of the Advocate General for Northern Ireland.

(3)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.]

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Amendments (Textual)

F1S. 30 renumbered (31.7.2008) as s. 30(1) by Road Safety Act 2006 (c. 49), ss. 46(8), 61(1); S.I. 2008/1864, art. 2

F2Words in s. 30(1) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(8)(a), 61(1); S.I. 2008/1864, art. 2

F3Words in s. 30(a) inserted (16.3.2007 for E.W.) by Road Safety Act 2006 (c. 49), ss. 44(3), 61(1); S.I. 2007/466, art. 2(a)

Commencement Information

I1S. 30 wholly in force; s. 30 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 30 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

31 Interpretation of Part 2E+W

(1)In this Part, unless the context otherwise requires—

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

    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);

    [F5local authority ” means—

    (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;

    (b)

    in relation to Wales, a county council or a county borough council;[F6or

    (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” has the meaning given by section 23(1) of the 1994 Act; and includes a mark indicating the registered number of a vehicle or trailer and assigned to that vehicle or trailer by virtue of regulations under section 22(2) of that Act;

    registration plate” means a plate or other device which—

    (a)

    displays (whether alone or in conjunction with other information) [F7in 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 ];

    (b)

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

    (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; and

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

(2)The reference in section 22(5) to representations being made in writing includes a reference to representations being made in a text which—

F8(a)is transmitted by means of [F8an electronic communications network] or by other means but while in an electronic form;

(b)is received in legible form; and

(c)is capable of being used for subsequent reference.

(3)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).

(4)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Words in s. 31(1) substituted (16.3.2007 for E.W.) by Road Safety Act 2006 (c. 49), ss. 44(4), 61(1); S.I. 2007/466, art. 2(a)

F6Words in s. 31(1) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(9), 61(1); S.I. 2008/1864, art. 2

F7Words in s. 31(1) substituted (30.7.2008 for E.W. with effect as mentioned in arts. 3 and 4 of the commencing S.I.) by Road Safety Act 2006 (c. 49), ss. 45(2), 61(1); S.I. 2008/1862, art. 2

F8Words in s. 31(2)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 168 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Commencement Information

I2S. 31 wholly in force; s. 31 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 31 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

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