SCHEDULE 1Amendments of primary legislation to remove securities and deposits as alternatives to motor insurance
PART 1Amendments of the Road Traffic Act 1988
1
The Road Traffic Act 1988 is amended as follows.
2
In section 3ZB(c) (causing death by driving: unlicensed or uninsured drivers)18, omit “or unsecured against third party risks”.
3
In the table in section 12E(3) (effect of motor race order)19, in the entry for section 143(1) and (2) of the Road Traffic Act 1988, omit “or secured against third party risks”.
4
In section 12H(5)(c) (races and trials of speed in Scotland: further provision)20, omit “or security”.
5
In the italic heading before section 143, omit “or security against third party risks”.
6
1
Section 143 (users of motor vehicles to be insured or secured against third-party risks)21 is amended as follows.
2
In the heading, omit “or secured against third-party risks”.
3
In subsection (1), in paragraphs (a) and (b), omit “or such a security in respect of third party risks”.
4
In subsection (3)(c), omit “or security”.
7
1
Section 144 (exceptions from requirement of third-party insurance or security) is amended as follows.
2
In the heading, omit “or security”.
3
Omit subsections (1), (1A) and (1B).
8
1
Section 144A (offence of keeping a vehicle which does not meet insurance requirements)22 is amended as follows.
2
In subsection (2)(a), omit “or such a security in respect of third party risks”.
3
In subsections (3), (4) and (5), omit “or security” in each place.
9
Omit section 146 (requirements in respect of securities).
10
1
Section 147 (issue of certificates of insurance and of security)23 is amended as follows.
2
In the heading, omit “and of security”.
3
Omit subsection (2).
4
In subsection (3), omit “or (2)”.
11
1
Section 148 (avoidance of certain exceptions to policies or securities)24 is amended as follows.
2
In the heading, omit “or securities”.
3
In subsection (1)—
a
in the words before paragraph (a)—
i
for “or security is issued or given” substitute “is issued”; and
ii
omit “or security”;
b
omit paragraph (b) and the “or” preceding that paragraph; and
c
in the words after paragraph (b), omit “(as the case may be)”.
4
In subsection (3), omit “or the giver of a security”.
5
In subsection (4)—
a
omit “or the giver of a security”;
b
omit “or security”; and
c
omit “or giver of the security”.
6
In subsection (5)—
a
in the words before paragraph (a), for “or security issued or given” substitute “issued”;
b
in paragraph (a), omit “or security”; and
c
in the words following paragraph (b), omit “or security”.
7
In subsection (6)—
a
omit “or security” in both places;
b
omit “or secured”; and
c
omit “or the giver of the security”.
12
In section 149(1) (avoidance of certain agreements as to liability towards passengers), omit “or such a security in respect of third party risks”.
13
1
Section 150 (insurance or security in respect of private use of vehicle to cover use under car-sharing arrangements) is amended as follows.
2
In the heading, omit “or security”.
3
In subsection (1)—
a
in the words before paragraph (a), for “or security issued or given” substitute “issued”;
b
in paragraphs (a) and (b), omit “or the operation of the security (as the case may be)”; and
c
in the words after paragraph (b), omit “or security”.
14
1
Section 151 (duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks)25 is amended as follows.
2
In the heading—
a
omit “or persons giving security”; and
b
omit “or secured against third party risks”.
3
In subsection (1), for “or security is issued or given” substitute “is issued”.
4
In subsection (2)—
a
in paragraph (a)—
i
omit “or security”; and
ii
omit “or whose liability is covered by the security, as the case may be”; and
b
in paragraph (b)—
i
omit “or, as the case may be, the security covered the liability of all persons,”; and
ii
omit “or, as the case may be, whose liability is covered by the security”.
5
In subsection (3)—
a
omit “or security” in both places;
b
omit “, as the case may be,”; and
c
omit “or the operation of the security”.
6
In subsection (5), in the words before paragraph (a), omit “or security”.
7
In subsection (6), omit “or security” in each place.
8
In subsection (7)—
a
in the words before paragraph (a), omit “or whose liability is covered by a security”; and
b
in paragraph (b), omit “or security”.
9
In subsection (8)—
a
in the words before paragraph (a), omit “or whose liability is not covered by a security”; and
b
in paragraph (a)—
i
omit “, or whose liability is covered by the security,”; and
ii
omit “or, as the case may be, the security covered the liability of all persons”.
10
In subsection (9)—
a
omit paragraph (a); and
b
in paragraph (c), omit “or security” in each place.
15
1
Section 152 (exceptions to section 151) is amended as follows.
2
In subsection (1)(c), omit “or security”.
3
In subsection (2)—
a
in paragraph (a), in the words before sub-paragraph (i)—
i
omit “or security”; and
ii
omit “, or the security”; and
b
in paragraph (b)—
i
omit “, or the security”; and
ii
omit “or security”.
16
1
Section 153 (bankruptcy, etc., of insured or secured persons not to affect claims by third parties)26 is amended as follows.
2
In the heading, omit “or secured”.
3
In subsection (1), omit “or been given a security”.
4
In subsection (3), omit “or the security was given”.
17
1
Section 154 (duty to give information as to insurance or security where claim made) is amended as follows.
2
In the heading, omit “or security”.
3
In subsection (1)—
a
in paragraph (a)—
i
in sub-paragraph (i), omit “or had in force a security having effect for those purposes”; and
ii
for sub-paragraph (ii) and the “and” at the end of that sub-paragraph, substitute—
ii
he would have been so insured if the insurer had not avoided or cancelled the policy, and
b
in paragraph (b)—
i
in the words before sub-paragraph (i), omit “, or had or would have had in force such a security”; and
ii
in sub-paragraph (i)—
aa
omit “or security” in the first and second places those words occur; and
bb
omit “or security, as the case may be,”.
18
Omit section 155 (deposits)27.
19
1
Section 156 (power to require evidence of insurance or security on application for vehicle excise licence)28 is amended as follows.
2
In the heading, omit “or security”.
3
In paragraph (a), omit “or the necessary security”.
20
In section 157(1) (payment for hospital treatment of traffic casualties), for paragraph (b) and the “and” at the end of that paragraph substitute—
b
the payment is made by an authorised insurer, the payment being made under or in consequence of a policy issued under section 145 of this Act, and
21
In section 160(2)(b) (regulations)29, omit “and certificates of security”.
22
In the table in section 162 (index to Part 6)30, omit the entry for “Certificate of security”.
23
1
Section 165 (power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates)31 is amended as follows.
2
In the heading, omit “or security”.
3
In subsection (2)(a), omit “or certificate of security”.
24
1
Section 170 (duty of driver to stop, report accident and give information or documents)32 is amended as follows.
2
In subsection (5), in the words before paragraph (a), omit “or security,”.
3
In subsection (6), in the words before paragraph (b), omit “or security,”.
25
1
Section 171 (duty of owner of motor vehicle to give information for verifying compliance with the requirement of compulsory insurance or security) is amended as follows.
2
In the heading, omit “or security”.
3
In subsection (1), omit “or security,”.
26
1
Section 173(2) (forgery of documents, etc)33 is amended as follows.
2
In paragraph (h), omit “or certificate of security”.
3
In paragraph (k), omit “or a certificate of security”.
27
1
Section 174(5) (false statements and withholding material information) is amended as follows.
2
In paragraph (a), omit “or certificate of security”.
3
In paragraph (b), omit “or a certificate of security”.
PART 2Amendments of the Road Traffic Offenders Act 1988
28
The Road Traffic Offenders Act 1988 is amended as follows.
29
1
The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.
2
In the entry for RTA section 143, in the second column (general nature of offence), omit “or unsecured against third party risks”.
3
In the entry for RTA section 171, in the second column (general nature of offence), omit “or security”.
30
1
The table in Part 1 of Schedule 2 (offences under the Traffic Acts) is amended as follows.
2
In the entry for RTA section 143, in the second column (general nature of offence), omit “or unsecured against third party risks”.
3
In the entry for RTA section 147, in the second column (general nature of offence), omit “or security”.
4
In the entry for RTA section 154, in the second column (general nature of offence), omit “or security”.
5
In the entry for RTA section 170(7), in the second column (general nature of offence), omit “or security”.
6
In the entry for RTA section 171, in the second column (general nature of offence), omit “or security”.
31
In the table in Schedule 3 (fixed penalty offences), in the entry for RTA section 143, in the second column (general nature of offence), omit “or unsecured against third party risks”.
PART 3Amendments of the Serious Organised Crime and Police Act 2005
32
The Serious Organised Crime and Police Act 2005 is amended as follows.
33
In section 153(2) (disclosure of information about insurance status of vehicles), omit “, or security in respect of third party risks,”.
34
In section 155(3) (payments by Secretary of State to local policing body in relation to the prevention, detection and enforcement of certain traffic offences), in the entry for section 143 of the Road Traffic Act 1988 (users of motor vehicles to be insured or secured against third-party risks), omit “or secured against third-party risks”.
35
In section 156(3) (payments by Scottish Ministers to Scottish Police Authority in relation to the prevention, detection and enforcement of certain traffic offences), in the entry for section 143 of the Road Traffic Act 1988 (users of motor vehicles to be insured or secured against third-party risks), omit “or secured against third-party risks”.
SCHEDULE 2Amendments of primary legislation as a result of the Automated and Electric Vehicles Act 2018
1
If paragraph 17 of the Schedule (minor and consequential amendments) to the Automated and Electric Vehicles Act 2018 has not come into force before the coming into force of these Regulations, paragraph 17 is repealed.
2
If paragraph 17 of the Schedule (minor and consequential amendments) to the Automated and Electric Vehicles Act 2018 has come into force before the coming into force of these Regulations, subsection (1A) of section 143 of the Road Traffic Act 1988 is repealed.
3
If paragraph 18 of the Schedule (minor and consequential amendments) to the Automated and Electric Vehicles Act 2018 has not come into force before the coming into force of these Regulations, paragraph 18 is repealed.
SCHEDULE 3Amendments of secondary legislation to remove securities and deposits as alternatives to motor insurance
PART 1Amendments of the Motor Vehicles (International Motor Insurance Card) Regulations 1971
1
1
Regulation 10 of the Motor Vehicles (International Motor Insurance Card) Regulations 1971 is amended as follows.
2
Omit “or a security” in each place.
3
Omit “or certificate of security” in each place.
4
Omit “or security”.
PART 2Amendments of the Motor Vehicles (Third Party Risks Regulations) 1972
2
The Motor Vehicles (Third Party Risks) Regulations 1972 are amended as follows.
3
1
Regulation 4 is amended as follows.
2
In the definition of “company”, omit “or a body of persons by whom a security may be given in pursuance of the said Part VI”.
3
Omit the definition of “security”.
4
In the italic heading before Regulation 5, omit “or security”.
5
1
Regulation 5 is amended as follows.
2
In paragraph (1)—
a
in the words before sub-paragraph (a), omit “of a security or”;
b
in sub-paragraph (a)—
i
omit “or security”; and
ii
omit “or a certificate of security in Form D”;
c
in sub-paragraph (b)—
i
omit “or security”; and
ii
omit “or Form D”; and
d
omit the words after sub-paragraph (b).
3
In paragraph (2)—
a
in the first place it occurs, omit “or security”;
b
omit “or Form D, as the case may be”;
c
omit “in either case”; and
d
in the second place it occurs, omit “or security”.
6
1
Regulation 6 is amended as follows.
2
Omit “or certificate of security”.
3
Omit “or security”.
7
1
Regulation 7 is amended as follows.
2
In the words before paragraph (1), omit “or a certificate of security”.
3
Omit paragraphs (1) and (2).
8
In regulation 8, omit “(2) or”.
9
1
Regulation 10 is amended as follows.
2
In paragraph (1)—
a
in each place, omit “or security”; and
b
omit sub-paragraph (h).
3
In paragraph (2), omit “or a security”.
4
Omit paragraph (3).
5
In paragraph (4), omit “or security”.
6
In paragraph (6)(a), omit “or security”.
10
In regulation 12, in each place, omit “or security”.
11
In regulation 13, omit “or a certificate of security”.
12
1
Schedule 1 is amended as follows.
2
In Part 1, omit Form D and Form E.
3
In Part 2—
a
in paragraph 4, for “B, or D”, substitute “or B”;
b
in paragraph 5—
i
omit “or the operation of the relevant security”; and
ii
omit “or security”;
c
in paragraph 6—
i
in sub-paragraph (1)—
aa
omit “, certificate of security”; and
bb
for “, C and D” substitute “and C”; and
ii
in sub-paragraph (2)—
aa
omit “or a certificate of security”; and
bb
omit “or security”; and
d
in paragraph 7, omit “or certificate of security”.
PART 3Amendment of the Motor Vehicles (Compulsory Insurance) (No. 2) Regulations 1973
13
In regulation 5(2) of the Motor Vehicles (Compulsory Insurance) (No. 2) Regulations 1973, omit “or secured”.
PART 4Revocation of the Motor Vehicles (Third-Party Risks Deposits) Regulations 1992
14
The Motor Vehicles (Third-Party Risks Deposits) Regulations 1992 are revoked.
PART 5Amendment of the Disclosure of Vehicle Insurance Information Regulations 2005
15
1
Regulation 2 of the Disclosure of Vehicle Insurance Information Regulations 2005 (interpretation) is amended as follows.
2
In paragraph (2)—
a
in the words before sub-paragraph (a), omit “or a security”;
b
in sub-paragraph (a), omit “in the case of a policy of insurance,” and “; or”; and
c
omit sub-paragraph (b).
3
In paragraph (3), for “144(1) or (2)” substitute “144(2)”.
PART 6Amendment of the Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) Regulations 2011
16
1
Regulation 2(1) of the Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) Regulations 2011 (interpretation) is amended as follows.
2
In the definition of “prescribed evidence”—
a
omit “(b) a security in respect of third party risks”; and
b
omit “(d) a certificate of security in respect of third party risks”.