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Part 2 E+W REGULATION OF REGISTRATION PLATE SUPPLIERS

Modifications etc. (not altering text)

C1Pt. 2 extended (Scotland and Northern Ireland) (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(1), 61(1); S.I. 2008/1864, art. 2 (with art. 3)

Supplementary provisions and offencesE+W

26 Rights to enter and inspect premises: Part 2E+W

(1)A constable or an authorised person may at any reasonable time enter and inspect premises for the time being entered in the register as premises which are occupied by a person carrying on business as a registration plate supplier wholly or partly for the purposes of his business so far as it consists in selling registration plates.

(2)A constable or an authorised person may at any reasonable time—

(a)require production of, and inspect, any registration plates kept at premises falling within subsection (1); and

(b)require production of, inspect and take copies of or extracts from any records which the person carrying on business as a registration plate supplier is required to keep at such premises by virtue of this Part.

(3)Subsection (4) applies where, on an application made by a constable or an authorised person, a justice of the peace [F1 , or (in Scotland) a justice of the peace, magistrate or sheriff,] is satisfied that admission to premises specified in the application is reasonably required in order to secure compliance with the provisions of this Part, or to ascertain whether those provisions are being complied with.

(4)The justice [F2of the peace, magistrate or sheriff] may issue a warrant authorising a constable or (as the case may be) an authorised person to enter and inspect the premises concerned.

(5)A constable or an authorised person—

(a)shall not be entitled to use force to enter premises in the exercise of his powers under subsection (1); but

(b)may, if necessary, use reasonable force in the exercise of his powers under a warrant issued under subsection (4).

(6)A constable or an authorised person in seeking to enter any premises in the exercise of his powers under subsection (1), and an authorised person in seeking to enter any premises in the exercise of his powers under a warrant issued under subsection (4), shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority for entering, before doing so.

(7)Any person who obstructs an authorised person in the exercise of his powers under subsection (1) or (2) or under a warrant issued under subsection (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(8)In this section “an authorised person” means a person authorised for the purposes of this [F3section—

(a)by the Secretary of State, or

(b)[F4(except in Northern Ireland)] by a local authority in respect of premises situated in the area of the local authority.]

Textual Amendments

F1Words in s. 26(3) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(7)(a), 61(1); S.I. 2008/1864, art. 2

F2Words in s. 26(4) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(7)(b), 61(1); S.I. 2008/1864, art. 2

F3Words in s. 26(8) substituted (16.3.2007 for E.W.) by Road Safety Act 2006 (c. 49), ss. 44(2), 61(1); S.I. 2007/466, art. 2(a)

F4Words in s. 26(8) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(7)(c), 61(1); S.I. 2008/1864, art. 2

Commencement Information

I1S. 26 wholly in force; s. 26 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 26 otherwise in force at 1.3.2003 by S.I. 2002/2957, arts. {2}, {4}

27 Notification requirements: Part 2E+W

(1)A person applying to be registered in the register shall give notice to the Secretary of State of any changes affecting in a material particular the accuracy of the information which he has provided in connection with his application.

(2)A registered person shall give notice to the Secretary of State of any changes affecting his entry in the register within 28 days of the changes occurring; and the Secretary of State shall amend the register accordingly.

(3)A registered person who is not carrying on business as a registration plate supplier shall give notice to the Secretary of State of that fact within 28 days of the beginning of the period in which he is not carrying on business while registered.

(4)A person who fails to give notice to the Secretary of State in accordance with subsection (1), (2) or (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)In proceedings for an offence under subsection (4) it shall be a defence for the accused to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

Commencement Information

I2S. 27 wholly in force; s. 27 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 27 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

28 Offences relating to [F5 plates etc.]E+W

(1)A person who sells a plate or other device which is not a [F6vehicle] registration plate as a [F6vehicle] registration plate knowing that it is not a [F6vehicle] registration plate or being reckless as to whether it is a [F6vehicle] registration plate shall be guilty of an offence.

[F7(1ZA)A person who sells a plate or other device which is not a trailer registration plate as a trailer registration plate knowing that it is not a trailer registration plate or being reckless as to whether it is a trailer registration plate shall be guilty of an offence.]

[F8(1A)A person who sells a plate or other device which is not a [F9vehicle] registration plate only because the registration mark displayed by it—

(a)does not comply with regulations under paragraph (a) of subsection (4) of section 23 of the 1994 Act, or

(b)is displayed otherwise than in accordance with regulations under paragraph (b) of that subsection,

(or both) shall be guilty of an offence.]

[F10(1AA)A person who sells a plate or other device which is not a trailer registration plate only because the registration mark displayed by it—

(a)does not comply with regulations made by virtue of paragraph (b) of subsection (4) of section 15 of the 2018 Act, or

(b)is displayed otherwise than in accordance with regulations made by virtue of paragraph (c) and (d)(i) of that subsection,

(or both) shall be guilty of an offence.]

[F8(1B)The Secretary of State may by regulations provide that the offence under subsection (1A) [F11or (1AA)] is not committed in circumstances prescribed by the regulations.]

(2)A person who—

(a)supplies a plate, device or other object to a person who is carrying on a business which consists wholly or partly in activities which are unlawful by virtue of subsection (1)[F12, (1ZA), (1A) or (1AA)]; and

(b)knows or reasonably suspects that the plate, device or other object will be used for the purposes of that other person’s unlawful activities;

shall be guilty of an offence.

(3)A person guilty of an offence under [F13this section] shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F5Words in s. 28 heading substituted (1.11.2008 for E.W.) by Road Safety Act 2006 (c. 49), ss. 45(7), 61(1); S.I. 2008/1862, arts. 2, 4

F8S. 28(1A)(1B) inserted (1.11.2008 for E.W.) by Road Safety Act 2006 (c. 49), ss. 45(4), 61(1); S.I. 2008/1862, arts. 2, 4

F13Words in s. 28(3) substituted (1.11.2008 for E.W.) by Road Safety Act 2006 (c. 49), ss. 45(6), 61(1); S.I. 2008/1862, arts. 2, 4

Commencement Information

I3S. 28 wholly in force; s. 28 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 28 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

29 Offence of supplying plates etc. to unregistered personsE+W

(1)A person who—

(a)supplies a plate, device or other object to an unregistered person (other than an exempt person) who is carrying on a business which consists wholly or partly in selling registration plates; and

(b)knows or reasonably suspects that the plate, device or other object will be used for the purposes of that other person’s business (or part of his business) as a registration plate or as part of a registration plate;

shall be guilty of an offence.

(2)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I4S. 29 wholly in force; s. 29 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 29 otherwise in force at 1.3.2003 by S.I. 2002/2957, arts. {2}, {4}