The Sale of Registration Marks (Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Sale of Registration Marks Regulations 1995.

These amending Regulations provide that—

(a) the definition of “purchaser” includes a person in whom the right to have a particular registration mark assigned to a vehicle (a “relevant right”) vests by operation of law (regulation 3(a));

(b) a relevant right is no longer limited to a duration of 12 months as it may now also be acquired for a period of 24 or 36 months (regulations 3(b), 4, 6 and 9(a));

(c) where a motor dealer who supplies new cars or motorcycles is to assign a registration mark a relevant right may be exercised by surrendering the certificate of entitlement to the dealer (regulations 3(c) and 10);

(d) the period for which a relevant right may be extended is no longer limited to 12 months as it may now also be extended for a period of 24 or 36 months, upon payment of the fee of £50 and £75 respectively and there is amendment in consequence (regulations 3(c), 4, 7, 8 and 9(b));

(e) a relevant right is now exercisable in respect of vehicles which have a nil licence as well as those which have a vehicle licence (regulation 3(d));

(f) a nomination may be made at the same time as the making of an application to exercise a relevant right and there is amendment in consequence (regulations 5(a) and 9(d));

(g) neither a written application nor the submission of a certificate of entitlement is required when applying for a nomination or for an extension of the relevant period (regulations 5(b)(i) and 7);

(h) the purchaser must undertake to destroy the certificate of entitlement as a condition of nomination prior to the exercise of a relevant right, or as a condition of applying to extend the relevant period without submitting such certificate (regulation 5(b)(ii) and (iii) and 7);

(i) a replacement certificate must be issued if the Secretary of State is satisfied as to the loss, defacement or illegibility of the original and the purchaser gives an undertaking as to destruction (regulation 9(c)); and

(j) the condition for assignment of a registration mark that it must not indicate that the vehicle to which the mark is to be assigned was first used more recently than is the case now also applies to registration marks consisting of a group of two letters and two numbers followed by a group of three letters, for example DE51 ABC (regulation 11).

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Policy, Research and Development Directorate at the Driver and Vehicle Licensing Agency, Swansea, SA6 7SL and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website, www.opsi.gov.uk. A copy of the assessment has been placed in the library of each House of Parliament.