(This note is not part of the Regulations)
These Regulations (“the 2015 Regulations”) amend the Motor Vehicles (Insurance Requirements) (Immobilisation, Removal and Disposal) Regulations 2011 (“the 2011 Regulations”). The amendments in regulation 2(a) to (d) of the 2015 Regulations have been made in response to the Joint Committee on Statutory Instruments (“JCSI”) 25th report of Session 2010-12 which reported the 2011 Regulations for doubtful vires in four connected respects. Regulation 2(e) of the 2015 Regulations corrects a drafting error that was identified by the Department in relation to the test applied in paragraphs (4) and (8) of regulation 14 of the 2011 Regulations.
Regulation 2(a) of the 2015 Regulations substitutes a new paragraph (5) in regulation 10 of the 2011 Regulations. The new paragraph (5)(a) provides that where there appears to be more than one person who is the owner of the vehicle notice of the impounding should be sent to all persons appearing to be the owner. Paragraph (5)(b) provides that where a vehicle appears to have more than one owner it should not be disposed of under paragraph (2) (which allows disposal at any time where ownership rights have been disclaimed) unless all persons appearing to be owners have disclaimed their ownership rights.
Regulation 2(b)(i) of the 2015 Regulations corrects a cross referencing error in regulation 11(1) of the 2011 Regulations. Regulation 2(b)(ii) of the 2015 Regulations replaces paragraph (3) of regulation 11 with new paragraphs (3) to (5) which determine who is to be treated as liable for the prescribed charges where there appears to be more than one owner. The new paragraph (3) provides that where one of those persons takes possession of the vehicle under regulation 12 of the 2011 Regulations then that person will be liable for the prescribed charges. The new paragraph (4) provides that where one of those persons makes a claim under regulation 13 of the 2011 Regulations then the person who made that claim shall be treated as liable for the prescribed charges. The new paragraph (5) provides that in all other instances where there is more than one person who appears to be the owner those persons shall be treated as jointly and severally liable for the payment of the prescribed charges.
Regulation 2(c) of the 2015 Regulations substitutes a new paragraph (4) in regulation 12 of the 2011 Regulations which provides that where there appears to be more than one owner the custodian must give possession of the vehicle to the claimant who first satisfies the conditions set out in regulation 12(2) of the 2011 Regulations.
Regulation 2(d)(iii) of the 2015 Regulations inserts a new subparagraph (c) into regulation 13(2) of the 2011 Regulations to ensure that a custodian does not have to satisfy more than one claim in respect of the same vehicle. Regulation 2(d)(iv) of the 2015 Regulations substitutes a new regulation 13(4) in the 2011 Regulations. The new paragraph (4) provides that where there appears to be more than one owner the custodian must satisfy the claim of the claimant who first satisfies the conditions set out in regulation 13(2) of the 2011 Regulations.
Regulation 2(e) of the 2015 Regulations substitutes new paragraphs (4) and (8) in regulation 14 of the 2011 Regulations to correct problems with the cross-referencing and other drafting errors in the 2011 Regulations. The new paragraphs (4) and (8) provide that in order to succeed in an appeal the claimant must prove that one of the two conditions in regulation 14(1)(a) of the 2011 Regulations are met and the disputed amount must not have already been refunded.
A full regulatory impact assessment of the effect of the 2011 Regulations on the costs of business and the voluntary sector was undertaken and is available on www.legislation.gov.uk or from Pippa Brown at the Department for Transport Tel: 0207 944 2278 or email: PippaA.Brown@dft.gsi.gov.uk. A further impact assessment has not been undertaken for these Regulations as no impact on the private or voluntary sectors is foreseen. The Explanatory Memorandum is available alongside these Regulations at www.legislation.gov.uk.
A copy of the JCSI report on the 2011 Regulations can be found on http://www.parliament.uk/jcsi/.
As these Regulations have been made in consequence of defects in the 2011 Regulations, they are being issued free of charge to all known recipients of those Regulations.