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Finance Act 2002

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This is the original version (as it was originally enacted).

5After section 7 insert—

7ASupplement payable on late renewal of vehicle licence

(1)Regulations may make provision for a supplement of a prescribed amount to be payable in prescribed cases where—

(a)a vehicle licence taken out for a vehicle expires, and

(b)no vehicle licence is issued for the vehicle—

(i)before the end of such period beginning with the expiry of the expired licence as may be prescribed, and

(ii)for a period beginning with that expiry.

(2)A supplement under this section—

(a)shall be payable by such person, or jointly and severally by such persons, as may be prescribed;

(b)shall become payable at such time as may be prescribed;

(c)may be of an amount that varies according to the length of the period between—

(i)the expiry of the licence by reason of whose non-renewal the supplement becomes payable, and

(ii)the time at which the supplement is paid or that licence is renewed.

(3)A supplement under this section that has become payable—

(a)is in addition to any vehicle excise duty charged in respect of the vehicle concerned;

(b)does not cease to be payable by reason of a vehicle licence being taken out for the vehicle after the supplement has become payable;

(c)may, without prejudice to section 6 or 7B(2) and (3) or any other provision of this Act, be recovered as a debt due to the Crown.

(4)In this section—

(a)references to the expiry of a vehicle licence include a reference to—

(i)its surrender, and

(ii)its being treated as no longer in force for the purposes of subsection (2) of section 31A by subsection (4) of that section;

(b)“prescribed” means prescribed by, or determined in accordance with, regulations;

(c)“regulations” means regulations made by the Secretary of State with the consent of the Treasury.

(5)No regulations to which subsection (6) applies shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(6)This subsection applies to regulations under this section that—

(a)provide for a supplement to be payable in a case where one would not otherwise be payable,

(b)increase the amount of a supplement,

(c)provide for a supplement to become payable earlier than it would otherwise be payable, or

(d)provide for a supplement to be payable by a person by whom the supplement would not otherwise be payable.

7BLate-renewal supplements: further provisions

(1)The Secretary of State may by regulations make provision for notifying the person in whose name a vehicle is registered under this Act about—

(a)any supplement under section 7A that may or has become payable on non-renewal of a vehicle licence for the vehicle;

(b)when failure to renew a vehicle licence may result in the person being guilty of an offence under section 31A.

(2)The Secretary of State may by regulations make provision—

(a)for assessing an amount of supplement due under section 7A from any person and for notifying that amount to that person or any person acting in a representative capacity in relation to that person;

(b)for an amount assessed and notified under such regulations to be deemed to be an amount of vehicle excise duty due from the person assessed and recoverable accordingly;

(c)for review of decisions under such regulations and for appeals with respect to such decisions or decisions on such reviews.

(3)Regulations under subsection (2) may, in particular, make provision that, subject to any modifications that the Secretary of State considers appropriate, corresponds or is similar to—

(a)any provision made by sections 12A and 12B of the Finance Act 1994 (assessments related to excise duty matters), or

(b)any provision made by sections 14 to 16 of that Act (customs and excise reviews and appeals).

(4)Sums received by way of supplements under section 7A shall be paid into the Consolidated Fund..

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