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Keeping of records etc. |
| Keeping of records: Part II. |
23. - (1) The Secretary of State may by regulations provide for the keeping of records by registered persons.
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(2) In subsection (1) "registered" includes formerly registered.
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(3) Regulations under this section may specify provisions of the regulations as provisions to which subsection (4) applies.
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(4) A person who contravenes any provision to which this subsection applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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(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.
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| Provision of information on sale of registration plates. |
24. - (1) The Secretary of State may by regulations provide for the obtaining by registered persons who are in the course of selling registration plates of information of a prescribed description from their prospective purchasers before the completion of the sale.
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(2) Regulations under this section may specify provisions of the regulations as provisions to which subsection (3) applies.
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(3) A person who contravenes any provision to which this subsection applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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(4) In proceedings for an offence under subsection (3) 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.
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Supplementary provisions and offences |
| Rights to enter and inspect premises: Part II. |
25. - (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.
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(2) A constable or an authorised person may at any reasonable time-
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(a) require production of, and inspect, any registration plates kept at premises falling within subsection (1); and |
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(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. |
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(3) Subsection (4) applies where, on an application made by a constable or an authorised person, a justice of the peace 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.
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(4) The justice may issue a warrant authorising a constable or (as the case may be) an authorised person to enter and inspect the premises concerned.
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(5) A constable or an authorised person-
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(a) shall not be entitled to use force to enter premises in the exercise of his powers under subsection (1); but |
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(b) may, if necessary, use reasonable force in the exercise of his powers under a warrant issued under subsection (4). |
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(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.
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(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.
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(8) In this section "an authorised person" means a person authorised for the purposes of this section by a local authority in respect of premises situated in the area of the local authority.
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| Notification requirements: Part II. |
26. - (1) A person applying to be registered in the register shall give notice to the Secretary of State of any changes affecting the accuracy of the information which he has provided in connection with his application.
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(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.
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(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.
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(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.
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(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.
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| Offences relating to counterfeit registration plates. |
27. - (1) A person who sells a plate or other device which purports to be a registration plate but is not such a plate (a "counterfeit registration plate") shall be guilty of an offence.
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(2) A person who-
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(a) supplies a plate, device or other object to a person who is carrying on a business which consists wholly or partly in selling counterfeit registration plates; and |
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(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 counterfeit registration plate or as part of such a plate; |
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shall be guilty of an offence.
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(3) A person guilty of an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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| Offence of supplying plates etc. to unregistered persons. |
28. - (1) A person who-
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(a) supplies a plate, device or other object to an unregistered person who is carrying on a business which consists wholly or partly in selling registration plates; and |
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(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; |
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shall be guilty of an offence.
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(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.
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General |
| Proceedings for offences under Part II. |
29. Proceedings for an offence under this Part shall not be instituted except-
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(a) by a local authority or a constable; or |
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(b) in any other case, with the consent of the Attorney General. |
| Interpretation of Part II. |
30. - (1) In this Part, unless the context otherwise requires-
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"the 1994 Act" means the Vehicle Excise and Registration Act 1994; |
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"carrying on business as a registration plate supplier" has the meaning given by section 16(2); |
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"contravene", in relation to any provision of regulations, includes fail to comply with it; |
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"local authority" has the same meaning as in Part I; |
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"notice" means notice in writing; |
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"premises" includes any land or other place (whether or not enclosed); |
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"prescribed" means prescribed by regulations made by the Secretary of State; |
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"a register" means a register established and maintained under section 17; |
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"registered" (and cognate expressions) have the meaning given by section 16(3); |
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"registration mark" has the meaning given by section 23(1) of the 1994 Act; and includes a mark indicating the registered number of a vehicle or trailer and assigned to that vehicle or trailer by virtue of regulations under section 22(2) of that Act; and |
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"registration plate" means a plate or other device which- |
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(a) displays (whether alone or in conjunction with other information) a registration mark;
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(b) complies with requirements imposed by regulations made under section 27A(1)(a) of the 1994 Act; and
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(c) is designed to be fixed to a vehicle or trailer in accordance with regulations made under section 22(2) or 23(3) of that Act.
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(2) The reference in section 21(5) to representations being made in writing includes a reference to representations being made in a text which-
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(a) is transmitted by means of a telecommunication system (within the meaning of the Telecommunications Act 1984) or by other means but while in an electronic form; |
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(b) is received in legible form; and |
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(c) is capable of being used for subsequent reference. |
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(3) References in this Part to offences under this Part include references to anything which is an offence by virtue of section 23(3) and (4) or 24(2) and (3).
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(4) References in this Part to an appeal under section 22 being finally determined or withdrawn include references to the final determination or withdrawal of proceedings by way of case stated which relate to a decision by a magistrates' court on an appeal under that section.
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