The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003

The Information centre U.K.

The information centre for the United Kingdom and its duties U.K.

3.— [F1 (1) MIIC is the information centre for the United Kingdom.]

(2) The information centre shall establish a means of access to the specified information in a manner whereby it can co-ordinate and disseminate that information for the purposes of these Regulations.

(3) The information centre shall retain access to the specified information for a period of not less than seven years commencing on—

(a) in the case of the information specified in regulation 4(a), (c) and (d), the date on which the vehicle ceases to be registered under the Vehicle Excise and Registration Act 1994, and

(b) in the case of the information specified in regulation 4(b), the day immediately following the date of expiry of the policy of insurance to which that information relates.

(4) Where the information necessary to enable the information centre to respond to a request from a person under regulation 9 does not form part of the specified information, the information centre shall obtain from the foreign information centre of the territory in which the vehicle is normally based such information as may from time to time be required so as to enable the information centre to comply with regulation 9.

(5) Where the information centre is satisfied that a valid request for the name and address of the registered keeper of a vehicle has been made to it pursuant to regulation 9 it shall immediately seek the information from the Secretary of State.

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3(1) substituted (31.12.2020) by The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 3(6) omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

The specified information U.K.

4.  The specified information is—

(a) a list of all vehicles normally based in the United Kingdom the names and addresses of their registered keepers and the registration marks assigned to them by the Secretary of State;

(b) the following information in relation to every UK insurance policy under which the use of any such vehicle is insured—

(i) the number of the policy,

(ii) the name of the policyholder,

(iii) the name and address of the insurer, [F3 and]

F4 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) the period during which the use of the vehicle is insured under that contract;

(c) a list of all vehicles which take advantage of the [F5 exception in section 144(2) of the Road Traffic Act 1988 or in paragraph (2)(a) or (aa) or paragraph (2A) of Article 90 of the Road Traffic (Northern Ireland) Order 1981] (so that they may lawfully be used on a road or other public place in the United Kingdom without there being in force any policy of insurance), and the registration marks assigned to them;

(d) the name and address of the person or body designated as responsible for compensating an injured party F6 ... if an accident is caused by or arises out of the use of a vehicle named in the list kept under sub-paragraph (c).

Textual Amendments

F3 Word in reg. 4(b)(iii) inserted (31.12.2020) by The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Reg. 4(b)(iv) omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 4(c) substituted (31.12.2020) by The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 4(d) omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

Maintenance and supply of information by insurers U.K.

5.—(1) Every insurer shall maintain a record of the information set out in Part 1 of the Schedule to these Regulations for the period specified in regulation 3(3).

(2) Where the information centre so requests an insurer shall supply to it immediately such of that information as may be specified in that request in respect of any UK insurance policy to which that insurer is or was a party.

(3) The information requested—

(a) shall be supplied in the manner specified in the request, or

(b) where no manner of supply is specified in the request, may be supplied in any manner except orally.

(4) An insurer shall not be obliged by virtue of this regulation to maintain a record or to supply information if he has used his best endeavours to obtain such information from his insured and the insured has failed or refused to supply the information to the insurer.

(5) Where the information centre so requests, an insurer shall immediately supply to it the name and address of every policyholder to whom it has issued an open cover contract in respect of such period as may be specified in that request.

Maintenance and supply of information by policyholders U.K.

6.—(1) Every policyholder who has entered into an open cover contract with an insurer shall maintain in respect of that contract a record of the information set out in Part 2 of the Schedule to these Regulations for the period specified in regulation 3(3).

(2) Where the information centre so requests, any such policyholder shall supply to it immediately so much of the information set out in Part 2 of the Schedule as may be specified in that request in respect of any open cover contract to which he is or was a party.

(3) Every policyholder who has entered into an open cover contract of the type specified in Part 1 of the Schedule with an insurer shall immediately supply to that insurer the information described in Part 1 of the Schedule.

(4) Where any detail of the information set out in Part 1 of the Schedule to these Regulations changes in respect of any open cover contract, the policyholder shall notify the insurer of the changed details immediately.

(5) Any information requested under this regulation—

(a) shall be supplied in the manner specified in the request, or

(b) where no manner of supply is specified in the request, may be supplied in any manner except orally.

Maintenance and supply of information by others U.K.

7.— [F7 (1) Every person who takes advantage of an exception in section 144(2) of the Road Traffic Act 1988 or in paragraph (2)(a) or (aa) or paragraph (2A) Article 90 of the Road Traffic (Northern Ireland) Order 1981 to—

(a) use a motor vehicle on a road or other public place without there being in force in relation to the use of the vehicle by that person a UK insurance policy; or

(b) cause or permit any other person to use a motor vehicle on a road or other public place without there being in force in relation to the use of the vehicle by that person a UK insurance policy,

shall maintain a record of the information set out in Part 3 of the Schedule for the period specified in regulation 3(3).]

(2) Every such person shall supply immediately to the information centre the information set out in Part 3 of the Schedule in respect of any vehicle for which that person is or was the user for more than 14 days.

(3) Where the information centre so requests, every such person shall supply to it immediately so much of the information set out in Part 3 of the Schedule as may be specified in that request in respect of any vehicle which that person is or was the user.

Textual Amendments

F7 Reg. 7(1) substituted (31.12.2020) by The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(5); 2020 c. 1, Sch. 5 para. 1(1)

Information held by Secretary of State U.K.

8.—(1) The Secretary of State shall immediately notify the information centre in writing of any alteration in the information specified in regulation 4(d).

(2) Where the information centre so requests, the Secretary of State shall without delay supply in writing to the information centre the name and address of the registered keeper of any vehicle specified in that request which is normally based in the UK.

Supply of information by the information centre U.K.

9.—(1) This regulation applies where—

(a) an accident, caused by or arising out of the use of a vehicle which is normally based in an EEA State, occurs in the United Kingdom;

(b) an accident, caused by or arising out of the use of a vehicle, occurs on the territory of—

(i) an EEA State F8 ..., or

(ii) a subscribing state,

and that vehicle is normally based in the United Kingdom;

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where this regulation applies, an injured party may request the information centre to provide to him the information described in paragraph (4) in respect of every vehicle involved in the accident which is normally based in an EEA State.

(3) The information centre shall provide the information requested if the request is—

(a) made in writing,

(b) received by the information centre no later than seven years after the date of the accident, and

(c) contains sufficient information to identify the vehicle in respect of which the information is being sought.

(4) The information which may be requested in respect of a vehicle is—

(a) the name and address of any insurer who has issued a UK insurance policy or European insurance policy covering the use of that vehicle at the time the accident occurred;

(b) the number of that policy; [F10 and]

F11 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) where the information centre is satisfied that the injured party has a legitimate interest in obtaining that information, the name and address of the registered keeper of the vehicle or, where the territory in which the vehicle is normally based is an EEA State F12 ..., the person having custody of the vehicle.

(5) Where an injured party has requested information in respect of a vehicle which may lawfully be used on a road or other public place in the United Kingdom without there being in force a UK insurance policy, the information centre shall provide the injured party with the name and address of the person or body designated as responsible for compensating injured parties and referred to in regulation 4(d).

(6) The information centre shall provide information pursuant to this regulation in writing immediately after it receives the request.

(7) The information centre may charge a fee of not more than £10.00 for providing that information.

Textual Amendments

F8 Words in reg. 9(1)(b)(i) omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Reg. 9(1)(c) omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Word in reg. 9(4)(b) inserted (31.12.2020) by The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11 Reg. 9(4)(c) omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in reg. 9(4)(d) omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(6)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Compensation body for the United Kingdom U.K.

F13 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Regs. 10-16 omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(7) (with reg. 1(4)(5)) (as amended by S.I. 2020/945, regs. 1(2), 2); 2020 c. 1, Sch. 5 para. 1(1)

Entitlement to compensation where the insurer is identified U.K.

F13 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Regs. 10-16 omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(7) (with reg. 1(4)(5)) (as amended by S.I. 2020/945, regs. 1(2), 2); 2020 c. 1, Sch. 5 para. 1(1)

Response from the compensation body U.K.

F13 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Regs. 10-16 omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(7) (with reg. 1(4)(5)) (as amended by S.I. 2020/945, regs. 1(2), 2); 2020 c. 1, Sch. 5 para. 1(1)

Entitlement to compensation where vehicle or insurer is not identified U.K.

F13 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Regs. 10-16 omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(7) (with reg. 1(4)(5)) (as amended by S.I. 2020/945, regs. 1(2), 2); 2020 c. 1, Sch. 5 para. 1(1)

Reimbursement of foreign compensation body where insurer is identified U.K.

F13 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Regs. 10-16 omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(7) (with reg. 1(4)(5)) (as amended by S.I. 2020/945, regs. 1(2), 2); 2020 c. 1, Sch. 5 para. 1(1)

Reimbursement of foreign compensation body where insurer is unidentified U.K.

F13 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Regs. 10-16 omitted (31.12.2020) by virtue of The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/551), regs. 1(1), 4(7) (with reg. 1(4)(5)) (as amended by S.I. 2020/945, regs. 1(2), 2); 2020 c. 1, Sch. 5 para. 1(1)