House of Commons portcullis
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”.

 
 

Road Safety Bill [HL]

52

 

(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.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 12 January 2006