Road Safety Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Road Safety Bill [HL]

Road Safety Bill [HL]
49

(4)
After subsection (1) insert—
“(1A)
A person who sells a plate or other device which is not a registration
plate only because the registration mark displayed by it—
(a)
does not comply with regulations under paragraph (a) of
subsection (4) of section 23 of the 1994 Act, or
5
(b)
is displayed otherwise than in accordance with regulations
under paragraph (b) of that subsection,

(or both) shall be guilty of an offence.
(1B)
The Secretary of State may by regulations provide that the offence
under subsection (1A) is not committed in circumstances prescribed by
10
the regulations.”
(5)
In subsection (2), after “(1)” insert “or (1A)”.
(6)
In subsection (3), for “subsection (1) or (2)” substitute “this section”.
(7)
In the heading, for “counterfeit registration plates” substitute “plates etc.”
44
Extension to Scotland and Northern Ireland
15
(1)
Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate
suppliers) extends to Scotland and Northern Ireland.
(2)
In consequence of subsection (1) that Act is amended as follows.
(3)
In section 17(1) (requirement of registration for registration plate suppliers
carrying on business in England or Wales), omit “in England or Wales”.
20
(4)
In section 18(5) (certified copy of register or extract from register to be evidence
of matters mentioned in it), after “evidence” insert “(or, in Scotland, sufficient
evidence)”.
(5)
In section 20(6) (removal or suspension not to have effect while appeal pending
or capable of being brought: meaning of “appeal”), after the reference to section
25
111 of the Magistrates’ Courts Act 1980 (c. 43) insert “or Article 146 of the
Magistrates’ Courts (Northern Ireland) Order 1981”.
(6)
For section 23 substitute—
“23
Appeals: Part 2
(1)
An appeal against the cancellation by the Secretary of State under
30
section 21 of a person’s registration may be brought—
(a)
in England and Wales, to a magistrates’ court,
(b)
in Scotland, to the sheriff, or
(c)
in Northern Ireland, to a court of summary jurisdiction.
(2)
An appeal under subsection (1) shall be brought within the period of 21
35
days beginning with the day on which the person concerned is served
with a notice under section 22(7).
(3)
The procedure on an appeal under subsection (1)—
(a)
in England and Wales, is to be by way of complaint for an order
and in accordance with the Magistrates’ Courts Act 1980,
40
(b)
in Scotland, is to be by way of summary application to the
sheriff, and

Road Safety Bill [HL]
50

(c)
in Northern Ireland, is to be by way of notice under Part 7 of the
Magistrates’ Courts (Northern Ireland) Order 1981.
(4)
For the purposes of the time limit for bringing an appeal under
subsection (1) the appeal is to be treated as brought—
(a)
in England and Wales, on the making of the complaint,
5
(b)
in Scotland, on the lodging of the summary application with the
sheriff clerk, and
(c)
in Northern Ireland, when a notice is served on the clerk of the
petty sessions under Article 76(2)(a) of the Magistrates’ Courts
(Northern Ireland) Order 1981.
10
(5)
A party to an appeal to the sheriff under subsection (1) may further
appeal, on a point of law only, to the sheriff principal or the Court of
Session; and the decision on such an appeal is final.
(6)
On an appeal under subsection (1) or (5), the court may confirm, vary
or reverse the decision appealed against and generally give such
15
directions as it considers appropriate having regard to the provisions of
this Part.
(7)
The Secretary of State must comply with any directions given by a court
under this section.
(8)
But the Secretary of State need not do so until—
20
(a)
in England and Wales, the time for making an application under
section 111 of the Magistrates’ Courts Act 1980 (application by
way of case stated),
(b)
in Scotland, the time for lodging an appeal under subsection (5),
or
25
(c)
in Northern Ireland, the time for making an application under
Article 146 of the Magistrates’ Courts (Northern Ireland) Order
1981 (application by way of case stated),

has passed.
(9)
And if such an application or appeal is made or lodged, he need not do
30
so until the final determination or withdrawal of the appeal or
application.”
(7)
In section 26 (rights to enter and inspect premises)—
(a)
in subsection (3) (application for warrant), after “justice of the peace”
insert “, or (in Scotland) a justice of the peace, magistrate or sheriff,”,
35
(b)
in subsection (4) (issue of warrant), after “justice” insert “of the peace,
magistrate or sheriff”, and
(c)
in subsection (8) (as amended by section 42(2)), before “by a local
authority” insert “(except in Northern Ireland)”.
(8)
Section 30 (proceedings for offences) (as amended by section 42(3)), is to be
40
renumbered as subsection (1) of that section; and—
(a)
in that subsection, after “instituted” insert “in England and Wales”, and
(b)
after that subsection insert—
“(2)
Proceedings for an offence under this Part shall not be instituted
in Northern Ireland except—
45
(a)
by the Secretary of State or a constable; or

Road Safety Bill [HL]
51

(b)
in any other case, with the consent of the Advocate
General for Northern Ireland.
(3)
In relation to any time before the coming into force of section
27(1) of the Justice (Northern Ireland) Act 2002, the reference in
subsection (2)(b) to the Advocate General for Northern Ireland
5
is to be read as a reference to the Attorney General for Northern
Ireland.”
(9)
In section 31(1) (interpretation), in the definition of “local authority” (as
substituted by section 42(4)), insert at the end “or
(c)
in relation to Scotland, a council constituted under section 2 of
10
the Local Government etc. (Scotland) Act 1994;”.
(10)
In section 39 (offences by body corporate), insert at the end—
“(3)
Where an offence under this Act committed by a Scottish partnership is
proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of, a partner, he as well as
15
the partnership commits the offence and shall be liable to be proceeded
against and punished accordingly.”
(11)
In section 45 (extent)—
(a)
in subsection (1) (provisions extending only to England and Wales), for
“Parts 1 and 2,” substitute “Part 1”, and
20
(b)
in subsection (2), (provisions extending to England and Wales,
Scotland and Northern Ireland), for “Sections” substitute “Part 2 and
sections”.
Information
45
Particulars to be included in vehicles register
25
(1)
Section 7 of the Vehicle Excise and Registration Act 1994 (c. 22) (issue of vehicle
licences) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
The particulars which may be so specified include any particulars
which are required by regulations under section 22(1)(aa) to be
30
recorded on the register in the case of the vehicle for which the licence
is to be taken out; and the declarations and evidence which may be so
specified include declarations and evidence relating to any such
particulars.”
(3)
In subsection (5), before paragraph (a) insert—
35
“(za)
that the requirements imposed by this section in the case of the
vehicle specified in the application have been complied with,”.
(4)
Section 22 of that Act (registration regulations) is amended as follows.
(5)
In paragraph (a) of subsection (1) (provision with respect to registration), for
“(including, in particular, the form of and the particulars to be included in the
40
register of trade licences)” substitute “and trade licences”.

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(6)
After that paragraph insert—
“(aa)
prescribe the form of, and the particulars to be included in, the
register of vehicles and the register of trade licences,”.
(7)
In paragraph (d) of that subsection (requirement on person by, through or to
whom vehicle is sold or disposed of to furnish particulars)—
5
(a)
after “person” insert “by whom any vehicle is kept or”,
(b)
for “furnish the particulars” substitute “make any such declarations
and furnish any such particulars and any such documentary or other
evidence as may be”, and
(c)
for “in the manner” substitute “and to do so at such times and in such
10
manner as may be”.
(8)
In paragraph (h) of that subsection (new registration documents), for “or
inaccurate” substitute “or which have become inaccurate for any reason (in
particular by reason of a change in the person by whom the vehicle to which
they relate is being kept)”.
15
(9)
After subsection (1A) insert—
“(1AA)
The particulars which may be required to be included in the register by
regulations under subsection (1)(aa), or to be furnished by regulations
under subsection (1)(d), in the case of a vehicle include—
(a)
particulars relating to the vehicle, and
20
(b)
particulars relating to the person by whom the vehicle is kept;

and the declarations and evidence which may be required to be
furnished by regulations under subsection (1)(d) in the case of a vehicle
include declarations and evidence relating to such particulars.”
(10)
After subsection (1B) insert—
25
“(1BA)
Regulations under subsection (1)(e) and (h) may, in particular, provide
that registration documents, or new registration documents, need not
be issued in respect of a vehicle if particulars required in the case of the
vehicle by regulations under paragraph (d) have not been furnished.”
(11)
Section 45 of that Act (false or misleading declarations and information) is
30
amended as follows.
(12)
In subsection (1), after “misleading” insert “, or produces a document which to
his knowledge is false or in any material respect misleading,”.
(13)
In subsection (2A)—
(a)
after “statement” insert “or produces a document”, and
35
(b)
for “made in respect of a vehicle” substitute “made or produced”.
46
Records of goods vehicle examinations
(1)
In section 49 of the Road Traffic Act 1988 (c. 52) (tests of satisfactory condition
of goods vehicles and determination of plated weights etc.), after subsection (3)
insert—
40
“(3A)
The Secretary of State must maintain, or cause to be maintained,
records containing such particulars as he thinks fit of—
(a)
goods vehicles submitted for examination under this section,
and

Road Safety Bill [HL]
53

(b)
the carrying out of and the results of the examinations.”
(2)
After that section insert—
“49A
Use of records of goods vehicle examinations, etc.
(1)
This section applies to—
(a)
the records maintained by the Secretary of State (or caused by
5
him to be maintained) under section 49(3A) of this Act, and
(b)
the records maintained by the Secretary of State in connection
with any functions exercisable by him under or by virtue of the
Vehicle Excise and Registration Act 1994.
(2)
The Secretary of State may use the information contained in records
10
falling within either paragraph of subsection (1) above—
(a)
to check the accuracy of the records falling within the other
paragraph of that subsection, and
(b)
where appropriate, to amend or supplement information
contained in those records.
15
(3)
The Secretary of State may also use the information contained in
records falling within paragraph (b) of that subsection for the purpose
of promoting compliance with section 53 of this Act.
(4)
This section does not limit any powers of the Secretary of State apart
from this section.”
20
(3)
In section 22A(6) of the Vehicle Excise and Registration Act 1994 (c. 22) (vehicle
identity checks), after “45(6B)” insert “or 49(3A)”.
47
Disclosure to foreign authorities of licensing and registration information
(1)
The Secretary of State may make any information held by him (in any form) for
the purposes of—
25
(a)
Part 3 or 4 of the Road Traffic Act 1988 (c. 52) (licensing of drivers of
vehicles), or
(b)
Part 2 of the Vehicle Excise and Registration Act 1994 (registration of
vehicles),

available to the authorities of any country or territory outside the United
30
Kingdom with responsibility under the law of that country or territory for the
regulation of drivers or vehicles for use by them in the discharge of that
responsibility.
(2)
The Department of the Environment may make any information held by it (in
any form) for the purposes of—
35
(a)
Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154
(N.I. 1)) (licensing of drivers of vehicles), or
(b)
Articles 70 to 79 of that Order (licensing of drivers of large goods
vehicles and passenger-carrying vehicles),

available to the authorities of any country or territory outside the United
40
Kingdom with responsibility under the law of that country or territory for the
regulation of drivers or vehicles for use by them in the discharge of that
responsibility.