The Road Vehicles (Registration and Licensing) (Amendment) Regulations (Northern Ireland) 1990

Statutory Instruments

1990 No. 2186

NORTHERN IRELAND

The Road Vehicles (Registration and Licensing) (Amendment) Regulations (Northern Ireland) 1990

Made

1st November 1990

Laid before Parliament

12th November 1990

Coming into force

3rd December 1990

The Secretary of State for Transport, in exercise of the powers conferred by section 23 (as modified by section 37(1) and paragraph 20 of Part I of Schedule 9) and 34 of the Vehicles (Excise) Act (Northern Ireland) 1972(1) and now vested in him(2) and of all other enabling powers, hereby makes the following Regulations:

Citation, commencement and introduction

1.  These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations (Northern Ireland) 1990 and shall come into force on 3rd December 1990.

2.  The Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973(3) shall be further amended in accordance with the following provisions of these Regulations.

Amendment to regulation 26 (vehicles used for special purposes)

3.  In regulation 26(1) for “paragraphs (a), (c), (d) or (e) of section 4(1)” there shall be substituted “paragraphs (a), (c), (ca), (d) or (e) of section 4(1)”.

Amendment to regulation 27 (other exempt vehicles)

4.  For regulation 27(1) there shall be substituted—

“(1) This regulation applies to mechanically propelled vehicles which are exempt from duty by or under section 4, 6 or 7(2), (2A), (3), (4) or (5) of the Act other than—

(a) vehicles to which regulation 26 above applies;

(b) invalid carriages complying with requirements prescribed under Article 213 of the Road Traffic (Northern Ireland) Order 1981(4); and

(c) vehicles exempt from duty by section 4(1)(ka) of the Act.”.

Signed by the authority of the Secretary of State for Transport

Christopher Chope

Parliamentary Under Secretary of State,

Department of Transport

1st November 1990

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations further amend the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973 (“the primary Regulations”).

2.  The amendments are mostly consequential to amendments made to the Vehicles (Excise) Act (Northern Ireland) 1972 (“the 1972 Act”) by the Finance Act 1990 (c. 29) (“the 1990 Act”).

3.  The 1990 Act provides that pedestrian controlled vehicles other than mowing machines are exempt from vehicles excise duty. These Regulations amend the primary Regulations so that such vehicles neither have to be registered nor licensed.

4.  The 1990 Act also provides that “veterinary ambulances” are exempt from duty. These Regulations amend regulation 26 of the primary Regulations so that it applies to such vehicles. This has the effect of requiring the vehicles to be registered but not to be licensed.

5.  Regulation 27 of the primary Regulations is also amended to correct an error. Regulation 27 requires the vehicles to which it applies to be registered and to be issued with “NIL” licences (indicating that no duty is payable). Before these Regulations came into force regulation 27 applied to vehicles exempt by virtue of section 7(1) of the 1972 Act (vehicles used in passing on public roads from land in the keeper’s occupation to other land in his occupation). However regulation 26 was also applied to vehicles exempt under section 7(1). Regulation 26 exempts vehicles from licensing. These Regulations remove the vehicles exempt by virtue of section 7(1) from the scope of regulation 27. Other drafting amendments are made to regulation 27.

(1)

1972 c. 10 (N.I.). Section 23 as modified was amended by article 15(3) of S.I. 1972/1100 (N.I. 11), by paragraph 11(b)of Part II of Schedule 2 to the Finance Act 1986 (c. 41) and by paragraph 17(3) of Part III of Schedule 1 to the Finance Act 1987 (c. 16) (“the 1987 Act”). Section 34 was amended by paragraph 19 of Part III of Schedule 1 to the 1987 Act.

(2)

S.I. 1973/2163, article 2(1) and Schedule 1, by which the functions of the Ministry of Home Affairs under the Vehicles (Excise) Act (Northern Ireland) 1972 were transferred to the Secretary of State, prior to which the Ministry of Home Affairs was the responsible authority for the making of regulations under that Act (see s.34(4) and the definitions of “prescribed” and “the Ministry” in s.35(1)); S.I. 1976/1775, 1979/571 and 1981/238.

(3)

S.R. & O. (N.I.) 1973 No. 490, to which there are no relevant amending instruments.

(4)

S.I. 1981/154 (N.I.1).