The Retention and Sale of Registration Marks Regulations 2015

Regulation 2

SCHEDULE 1 Retention of Registration Marks

1.  The 1993 Regulations are amended as follows.

2.  In regulation 2(1) (interpretation)—

(a) the definitions of “the 1988 Act”, “GB records”, “retention document”, “retention period” and “vehicle licence” are omitted;

(b) in the definition of “nominated person” for “3(b)” there is substituted “3(a)”;

(c) at the end there is added—

““unique identification reference” means the reference provided for in regulation 9(f);”.

3.  For regulation 3(b)(i) (right of retention) there is substituted—

“(i) a period of 10 years beginning with the day on which the right is granted; or”.

4.  After regulation 3 there is inserted—

Conditions for the retention of a registration mark

3A.— (1) A right of retention may not be granted in respect of a registration mark unless the conditions specified in paragraphs (2) and (3) are satisfied.

(2) The first condition is that the vehicle to which the mark is for the time being assigned is a vehicle in respect of which—

(a) a vehicle licence or a nil licence is in force; or

(b) the prescribed particulars have been furnished and the prescribed declaration has been made in accordance with section 22(1D) of the 1994 Act (statutory off-road notification).

(3) The second condition is that the Secretary of State is satisfied that the vehicle has not ceased to be capable of mechanical propulsion.

Applications under these Regulations

3B.   Subject to regulation 16, an application to the Secretary of State under these Regulations is to be made—

(a) by post; or

(b) using a website controlled by the Secretary of State.”

5.  In regulation 4 (application for a right of retention)—

(a) for paragraph (1) there is substituted—

“(1) An applicant for the grant of a right of retention must, if required to do so by the Secretary of State—

(a) make the vehicle available for inspection at a place designated by the Secretary of State; or

(b) provide such documentary or other evidence as may be specified for the purpose of satisfying the Secretary of State that the vehicle has not ceased to be capable of mechanical propulsion.”; and

(b) paragraphs (1A)(a) and (2) are omitted.

6.  In regulation 4A (nominations)—

(a) in paragraphs (1)(b) and (2) for “conditions specified in paragraph (3) are” there is in each case substituted “condition specified in paragraph (3) is”; and

(b) for paragraph (3) there is substituted—

“(3) The condition referred to in paragraphs (1) and (2) is that the applicant provides the Secretary of State with the unique identification reference.”

7.  In regulation 5 (extensions)—

(a) in paragraph (2) for “12 months, 24 months or 36 months” there is substituted “10 years”; and

(b) for paragraph (3) there is substituted—

“(3) No extension of the relevant period may be granted unless the application is made in the period of 28 days ending with the day on which the relevant period is due to end.”

8.  Regulations 7(a) (payments on application for rights of retention) and 8 (payments on extension of right of retention) are omitted.

9.  For regulation 9 (retention documents) there is substituted—

Decision to grant or extend a right of retention

9.   If the Secretary of State decides to grant a right of retention or to extend the relevant period, he must notify the grantee of—

(a) the registration mark to which the right relates;

(b) the type of vehicle to which the registration mark was assigned at the time of the grant;

(c) the name and address of the grantee (as the Secretary of State has recorded them) and, where appropriate, the name of the nominated person (as so recorded);

(d) the date of the grant or the extension (as the case may be);

(e) the date on which the right will cease to be exercisable; and

(f) the unique identification reference which the Secretary of State has allocated to the right.”

10.  In regulation 10 (exercise of a right of retention)—

(a) for paragraph (1A) there is substituted—

“(1A) The right is exercisable only in respect of a vehicle which is—

(a) registered under the 1994 Act in the name of the grantee or a nominated person; and

(b) different from the vehicle referred to in regulation 4.”;

(b) for paragraphs (2) and (2A) there are substituted—

“(2) Subject to paragraphs (2A) and (2B) and regulations 11 and 16, the right is exercisable by the grantee or an agent of the grantee applying to the Secretary of State providing—

(a) the unique identification reference; and

(b) the document reference number stated on the registration document issued under the 1994 Act in respect of the vehicle.

(2A) Where—

(a) a right of retention in respect of a registration mark has been granted to a grantee, or has vested in a grantee by operation of law; and

(b) a relevant motor dealer is to assign that mark to a vehicle not registered in the United Kingdom or in any other country,

the right is exercisable by the grantee providing the dealer with the unique identification reference.

(2B) Where—

(a) the Secretary of State has issued the grantee with a document which states that a right of retention has been granted; and

(b) the grantee or an agent of the grantee exercises the right by means of a postal application to the Secretary of State,

the application must be accompanied by the document issued (or any replacement) and the registration document issued under the 1994 Act in respect of the vehicle.”;

(c) for paragraph (3) there is substituted—

“(3) In this regulation, except paragraph (1A)(b), “the vehicle” means the vehicle to which the grantee proposes that the registration mark should be assigned.”

11.  In regulation 11(2) (conditions for the assignment of a registration mark)—

(a) for sub-paragraph (b) there is substituted—

“(b) the vehicle is one in respect of which either—

(i) a vehicle licence or a nil licence is in force; or

(ii) the prescribed particulars have been furnished and the prescribed declaration has been made in accordance with regulations made under section 22(1D) of the 1994 Act.”;

(b) for sub-paragraph (c) there is substituted—

“(c) the Secretary of State is satisfied that the vehicle has not ceased to be capable of mechanical propulsion; and”;

(c) “; and” is omitted from sub-paragraph (d);

(d) sub-paragraph (e) is omitted.

12.  At the end of regulation 14 (revocation of a right of retention) there is added “or the grantee has notified the Secretary of State of the grantee’s wish to surrender the right”.

13.  In regulation 15 (refunds)—

(a) in paragraph (2)(a) and (d) in each case the words from “or” to the end are omitted;

(b) in paragraph (2)(b) for “a written” there is substituted “an”;

(c) for paragraph (2)(c) there is substituted—

“(c) the application specifies the unique identification reference; and”;

(d) paragraph (3) is omitted.

14.  After regulation 15 there is added—

Transitional provisions

16.— (1) Subject to regulation 5, where a right of retention is granted before 9th March 2015, the “relevant period” for the purposes of these Regulations ends on the date stated in the retention document as being the date on which the retention period ends.

(2) In this regulation “retention document” means the document referred to in regulation 10(2B)(a).

(3) Paragraph (4) applies where a sum has been paid to the Secretary of State by virtue of regulation 7(b) and the right of retention expired before 9th March 2015 without having been exercised.

(4) Where this paragraph applies, the condition specified in regulation 15(2)(a) is treated as having been fulfilled and the period specified in regulation 15(2)(d) is treated as having started with the date on which the right ceased to be exercisable.

(5) Subject to paragraph (6), where the Secretary of State issued a retention document before 9th March 2015, the grantee or an agent of the grantee may not use a website to make an application under these Regulations in relation to the right of retention.

(6) Paragraph (5) shall not apply where the retention document states a unique identification reference in respect of the right or—

(a) the grantee or an agent of the grantee applies to the Secretary of State for the allocation of a unique identification reference in respect of the right;

(b) this application is accompanied by the retention document; and

(c) the Secretary of State allocates such a reference and notifies the applicant of it.

(7) Where—

(a) the Secretary of State issued a retention document before 9th March 2015; and

(b) the Secretary of State has not allocated a unique identification reference in respect of the right of retention,

the conditions specified in paragraph (8) apply in place of the condition provided for in regulations 4A(3) and 15(2)(c).

(8) For the purposes of paragraph (7) the conditions are that the application was made in writing and the applicant has submitted the retention document relating to the right of retention.”