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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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Commencement Orders bringing legislation that affects this Act into force:
(1)In section 7(1) of the Vehicle Excise and Registration Act 1994 (c.22) (requirement to make a declaration on application for vehicle licence)—
(a)in paragraph (a) for “such a” there shall be substituted “ any such ”; and
(b)in paragraph (b)—
(i)after “furnish” there shall be inserted “ any ”; and
(ii)after “particulars” there shall be inserted “ and any such documentary or other evidence ”.
(2)In section 22(2A)(a) of that Act (extension of registration regime to exempt vehicles: nil licences)—
(a)in sub-paragraph (i) for “such a” there shall be substituted “ any such ”; and
(b)in sub-paragraph (ii)—
(i)after “furnish” there shall be inserted “ any ”; and
(ii)after “particulars” there shall be inserted “ and any such documentary or other evidence ”.
(1)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 ”.
(2)After section 22 of that Act there shall be inserted—
(1)This section applies to regulations under section 22(1)(h) which confer a power on the Secretary of State to refuse to issue a new registration document in respect of a registered vehicle if he is not satisfied that the vehicle for which the document is being sought is the registered vehicle.
(2)Such regulations may, in particular, provide for—
(a)the examination (whether by the Secretary of State or by persons authorised by him) of all vehicles for which new registration documents are being sought, or such vehicles of a particular description, for the purpose of ascertaining whether they are the registered vehicles concerned,
(b)the provision of other evidence in relation to all vehicles for which new registration documents are being sought, or such vehicles of a particular description, for the purpose of ascertaining whether they are the registered vehicles concerned.
(3)Regulations made by virtue of subsection (2) may, in particular, provide for—
(a)notification of examinations (including their purpose), the issue of certificates as to the outcome of examinations and the keeping of records in relation to examinations and certificates,
(b)the issue of duplicates or copies of certificates and the fees to be paid on applications for such duplicates or copies,
(c)the correction of errors in certificates,
(d)the payment of fees for examinations, and for re-examinations resulting from appeals and the repayment of the whole or part of the fee paid for such a re-examination where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,
(e)the making of appeals against the outcome of examinations,
(f)the carrying out of examinations in the absence of the keepers or owners of the vehicles concerned,
(g)courses of instruction in connection with the carrying out of examinations and the charging of fees in respect of attendance on such courses,
(h)the authorisation of examiners, the imposition of conditions to be complied with by authorised examiners (including the payment of fees to the Secretary of State) and the withdrawal of authorisations,
(i)the manner in which, conditions under which and apparatus with which examinations are carried out by authorised examiners, and the inspection of premises at which and apparatus with which such examinations are being, or are to be, carried out,
(j)the charges to be paid by authorised examiners to the Secretary of State in connection with—
(i)the issue of certificates,
(ii)the issue of duplicates or copies of certificates, and
(iii)the correction of errors in certificates.
(4)The Secretary of State may use information contained in relevant records—
(a)to check the accuracy of information which has been obtained under regulations made by virtue of subsection (2), and
(b)where appropriate, to amend or supplement any such information.
(5)The Secretary of State may use information which has been obtained under regulations made by virtue of subsection (2)—
(a)to check the accuracy of relevant records, and
(b)where appropriate, to amend or supplement information contained in those records.
(6)In subsections (4) and (5) “relevant records” means records—
(a)maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of this Act,
(b)records maintained by the Secretary of State (or caused by him to be maintained) under section 45(6B) of the Road Traffic Act 1988 (c.52).
(7)Subsections (4) to (6) do not limit any powers of the Secretary of State apart from those subsections.
(8)This section is without prejudice to the generality of the powers conferred by section 22.”
After section 27 of the Vehicle Excise and Registration Act 1994 (c.22) (registration marks) there shall be inserted—
(1)The Secretary of State may by regulations—
(a)prescribe specifications for registration plates (whether relating to their size, shape, material of manufacture or otherwise),
(b)provide for registration plates to contain or display such information other than registration marks or (as the case may be) special registration marks as may be specified or described in the regulations.
(2)Regulations under subsection (1)(b) may, in particular, prescribe the form and manner in which any such information is to be contained or displayed.
(3)In this section “registration plates” means—
(a)plates or other devices for displaying registration marks and for fixing them on vehicles or trailers in accordance with regulations under section 23(3), or
(b)plates or other devices for displaying special registration marks and for fixing them on vehicles or trailers in accordance with regulations under section 22(2),
and includes plates or other devices which are also for containing or displaying information other than registration marks or (as the case may be) special registration marks (whether or not such information is to be contained or displayed by virtue of regulations under this section).
(4)In this section—
“special registration mark” means a mark indicating the registered number of a vehicle or trailer and assigned to the vehicle or trailer by virtue of regulations under section 22(2), and
“trailer” has the same meaning as in Part 8 of Schedule 1.”
After section 4 of the Scrap Metal Dealers Act 1964 (c.69) there shall be inserted—
(1)The Secretary of State may by regulations provide for the notification by persons registered under this Act as scrap metal dealers of the destruction of motor vehicles.
(2)Regulations under this section may, in particular, provide for the keeping by such persons, or persons who were formerly such persons, of records of notifications given by them in accordance with such regulations.
(3)Regulations under this section may specify provisions of the regulations as provisions to which subsection (4) of this section applies.
(4)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.
(5)Any power of the Secretary of State to make regulations under this section—
(a)shall be exercisable by statutory instrument;
(b)may be exercised so as to make different provision for different cases or descriptions of case or for different purposes or different areas;
(c)includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate.
(6)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)In this section—
“contravene”, in relation to any provision of regulations, includes fail to comply with it;
“motor vehicle” means any vehicle whose function is or was to be used on roads as a mechanically propelled vehicle; and
“road” means any highway and any other road to which the public has access.”
(1)The Secretary of State may by regulations provide for relevant information which is required to be kept by regulation 10 of the Motor Vehicles (Third Party Risks) Regulations 1972 (S.I. 1972/1217) or by any subsequent regulation made under any corresponding power in the Road Traffic Act 1988 (c.52) to be made available to the Police Information Technology Organisation for use by constables.
(2)Regulations under subsection (1) may, in particular—
(a)require all such information or such information of a particular description to be made available to the Organisation;
(b)determine the purposes for which constables may be given access to the information;
(c)determine the circumstances in which any of the information to which they have been given access may be further disclosed by them.
(3)In this section—
“information” means information held in any form; and
“relevant information” means—
(a)information relating to policies of insurance, or securities, in relation to the use of motor vehicles, or information relating to any certificates issued in connection with such policies or securities; or
(b)information relating to motor vehicles to which section 143 of the Act of 1988 does not apply or to any certificates or other documents issued in connection with such vehicles.
(1)After section 12(4) of the Theft Act 1968 (c.60) (offence of taking a conveyance without authority) there shall be inserted—
“(4A)Proceedings for an offence under subsection (1) above (but not proceedings of a kind falling within subsection (4) above) in relation to a mechanically propelled vehicle—
(a)shall not be commenced after the end of the period of three years beginning with the day on which the offence was committed; but
(b)subject to that, may be commenced at any time within the period of six months beginning with the relevant day.
(4B)In subsection (4A)(b) above “the relevant day” means—
(a)in the case of a prosecution for an offence under subsection (1) above by a public prosecutor, the day on which sufficient evidence to justify the proceedings came to the knowledge of any person responsible for deciding whether to commence any such prosecution;
(b)in the case of a prosecution for an offence under subsection (1) above which is commenced by a person other than a public prosecutor after the discontinuance of a prosecution falling within paragraph (a) above which relates to the same facts, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution or (if later) the discontinuance of the other prosecution;
(c)in the case of any other prosecution for an offence under subsection (1) above, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution.
(4C)For the purposes of subsection (4A)(b) above a certificate of a person responsible for deciding whether to commence a prosecution of a kind mentioned in subsection (4B)(a) above as to the date on which such evidence as is mentioned in the certificate came to the knowledge of any person responsible for deciding whether to commence any such prosecution shall be conclusive evidence of that fact.”
(2)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.
(1)The Secretary of State may make payments in respect of the whole or any part of the expenditure of a public authority in relation to—
(a)the prevention or detection of offences to which subsection (2) applies; or
(b)any enforcement action or proceedings in respect of such offences or any alleged such offences.
(2)This subsection applies to offences under—
(a)section 16 of the Road Traffic Regulation Act 1984 (c.27) which consist in contraventions of restrictions on the speed of vehicles imposed under section 14 of that Act;
(b)subsection (4) of section 17 of that Act which consist in contraventions of restrictions on the speed of vehicles imposed under that section;
(c)section 88(7) of that Act (temporary minimum speed limits);
(d)section 89(1) of that Act (speeding offences generally);
(e)section 36(1) of the Road Traffic Act 1988 (c.52) which consist in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed.
(3)Payments under this section shall be made to—
(a)the public authority in respect of whose expenditure the payments are being made; or
(b)any other public authority for payment, in accordance with arrangements agreed with the Secretary of State, to, or on behalf of, the public authority in respect of whose expenditure the payments are being made.
(4)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.
(5)In this section “ ” means—
(a)any highway authority (within the meaning of the Highways Act 1980 (c.66));
(b)any police authority established under section 3 of the Police Act 1996 (c.16), the Metropolitan Police Authority or the Common Council of the City of London in its capacity as a police authority;
(c)any responsible authority (within the meaning of section 55 of the Justices of the Peace Act 1997 (c. 25)) or the Greater London Magistrates’ Courts Authority; and
(d)any body or other person not falling within paragraphs (a) to (c) and so far as exercising functions of a public nature.
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