The Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) (Amendment) Regulations 2005

Amendment of Regulations

2.—(1) The Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) Regulations 2002(1) shall be amended as follows.

(2) In regulation 2 (interpretation)—

(a) at the end of the definition of “company”, “and” shall be omitted;

(b) after that definition there shall be inserted—

““fixed”, in relation to a registration plate, means fixed in accordance with regulations made under section 22(2) or 23(3) of the 1994 Act;

“registration certificate” has the same meaning as that expression bears in Council Directive 1999/37/EC on the registration documents for vehicles(2);

“registration document” means a registration certificate issued in accordance with regulations under section 22(1) of the 1994 Act; and”.

(3) For regulation 3 (exempted activity) there shall be substituted—

“3.   The transfer of possession of a registration plate in consequence of the sale or other transfer of the vehicle to which it is fixed and to which the registration mark which is displayed on that registration plate has been assigned shall be treated for the purposes of Part 2 of the Act as not being an activity which consists in selling registration plates where the seller or transferor, as the case may be, of the vehicle is a dealer in vehicles and—

(a) he has arranged the first registration in the United Kingdom of the vehicle on behalf of the intended purchaser or keeper; or

(b) the registration plate was not fixed to the vehicle by him or on his behalf.”.

(4) In regulation 6 (information on sale of registration plates)—

(a) in paragraph (1), for “paragraph (5)” there shall be substituted “paragraphs (5) and (5A)”;

(b) at the beginning of paragraph (3) there shall be inserted “Save where paragraph (6A) applies,”;

(c) in paragraph (5)—

(i) the words “to (4)” shall be omitted;

(ii) for “regulation 3” there shall be substituted “regulation 3(a)”;

(d) after paragraph (5) there shall be inserted—

“(5A) Paragraph (2)(f) shall not apply where paragraph (6A) applies.”;

(e) after paragraph (6) there shall be inserted—

“(6A) This paragraph applies where the registration plate is fixed to the vehicle to which there has been assigned the registration mark displayed on the registration plate and that vehicle is sold or transferred with the registration plate fixed to it.”.

(5) In regulation 7 (keeping of records by registered persons)—

(a) in paragraph (2)—

(i) sub-paragraphs (b) to (d) shall be omitted;

(ii) for sub-paragraph (f) there shall be substituted—

“(f) a statement of such particulars or numbers (if any) appearing on the document referred to in sub-paragraph (e) as purport to make the document or those particulars or numbers (or both) unique to the purchaser and which in the case of a driving licence shall be the driver number;”; and

(b) for sub-paragraph (h) there shall be substituted—

“(h) where that document is a registration document, registration certificate or the authorisation described in paragraph (7) of Part 2 of the Schedule, the reference number of that document or certificate or the number referred to in that authorisation, as the case may be.”.

(6) In Part 1 of the Schedule (documents to verify name and address)—

(a) for paragraph 1 there shall be substituted—

“1.   The documents used shall be—

(a) that described in paragraph 2;

(b) one or more of the documents described in paragraph 3 which meet the requirements specified in paragraph 4; or

(c) one of the documents described in paragraph 3(b) to (f) which is valid and a registration document or registration certificate, if that document or certificate is also used to verify information as to the connection with the registration mark or vehicle pursuant to regulation 6(4).”; and

(b) for paragraphs 3 and 4 there shall be substituted—

“3.   The documents described in this paragraph are—

(a) a driving licence whether or not issued in the United Kingdom;

(b) a passport whether or not issued in the United Kingdom;

(c) a national identity card issued by the government of a state or territory other than the United Kingdom;

(d) a debit card or credit card issued by a bank or building society;

(e) a police warrant card;

(f) an armed forces identity card;

(g) a bill or statement of account issued in respect of the supply of gas, electricity, water or telecommunications services to premises at a specified address;

(h) a council tax bill or statement of account; and

(i) a statement relating to an account held at a bank or building society.

4.   At the time of being obtained pursuant to regulation 6 by the person registered under the Act—

(a) the documents described in paragraph 3(a) to (f) must be valid; and

(b) the documents described in paragraph 3(g) to (i) must be dated, or relate to a period ending, no earlier than six months before that time.”.

(7) In Part 2 of the Schedule (documents to establish connection with vehicle)—

(a) in the heading, after “connection with the” there shall be inserted “registration mark or”;

(b) for paragraph (1), there shall be substituted—

“(1) A registration document or registration certificate or that part of such document or certificate as is required under section 22(1)(dd) of the 1994 Act to be furnished to a new keeper of the vehicle upon its sale or disposal.”.

(c) in paragraph (3), for the words from “(right” to the end of the paragraph there shall be substituted “(retention document relating to a right of retention in a registration mark)”;

(d) in paragraph (5), for “(certificate of vehicle registration)” there shall be substituted “(temporary registration certificate)”; and

(e) for paragraph (7) there shall be substituted—

“(7) An authorisation for the purchase of the number plate, issued by a company owning more than one vehicle, stating that it holds the registration document or the registration certificate and giving the reference number of that document or certificate.”.

(1)

S.I. 2002 /2977, to which there is an amendment not relevant to these Regulations.

(2)

OJ No. L 138, 1.6.1999, p.57.