|
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| |
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(1) | Information obtained by— |
| |
(a) | any Minister of the Crown or government department, or |
| |
(b) | any local authority or other statutory body, |
| |
| may be disclosed to the Welsh Ministers for or in connection with the exercise |
| 5 |
of any of their functions with respect to a Welsh trunk road charging scheme |
| |
| |
(2) | Any information which has been or could be disclosed to the Welsh Ministers |
| |
under subsection (1) for or in connection with the exercise of any of their |
| |
functions with respect to a Welsh trunk road charging scheme may be |
| 10 |
disclosed to any person with whom the Welsh Ministers have entered into |
| |
charging scheme arrangements. |
| |
(3) | Information disclosed to a person under subsection (2)— |
| |
(a) | may be disclosed to any other person for or in connection with the |
| |
Welsh trunk road charging scheme, but |
| 15 |
(b) | may not be disclosed (either by the person to whom it is disclosed |
| |
under subsection (2) or by any other person to whom it is disclosed |
| |
under paragraph (a)) otherwise than for or in connection with the |
| |
| |
(4) | The Secretary of State may charge a reasonable fee in respect of the cost of |
| 20 |
supplying information under subsection (1) or (2). |
| |
(5) | Where the Welsh Ministers ask the Secretary of State to obtain overseas |
| |
registration information from an overseas registration authority with a view to |
| |
the Secretary of State disclosing that information under subsection (1) or (2), |
| |
the Secretary of State may charge a reasonable fee in respect of the cost of |
| 25 |
obtaining, or seeking to obtain, the information. |
| |
| |
“charging scheme arrangements” means arrangements made in respect of |
| |
the operation of a Welsh trunk road charging scheme or relating to the |
| |
installation or operation of any equipment used for or in connection |
| 30 |
with the operation of such a scheme; |
| |
“overseas registration authority” means any authority of a country or |
| |
territory outside the United Kingdom with responsibility under the law |
| |
of that country or territory for maintaining a register of vehicles; |
| |
“overseas registration information” means information derived from |
| 35 |
particulars contained in a register of vehicles that is maintained by an |
| |
overseas registration authority; |
| |
“Welsh trunk road charging scheme” means any scheme made by or |
| |
under an Assembly Measure relating to matter 10.1 in Part 1 of |
| |
Schedule 5 to the Government of Wales Act 2006 (c. 32). |
| 40 |
| |
117 | Vehicles authorised to be used under operator’s licence |
| |
(1) | In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) |
| |
(vehicles authorised to be used under operator’s licence)— |
| |
(a) | in subsection (6), for “a prescribed fee” substitute “the prescribed fee (if |
| 45 |
| |
| |
| |
|
| |
| |
(b) | in subsection (7), after “the prescribed fee” insert “(if any)”. |
| |
(2) | Section 263 of the TA 2000 (addition of specified vehicles to operator’s licence) |
| |
| |
(3) | In the subsection (6) that is to be substituted for section 5(6) of the Goods |
| |
Vehicles (Licensing of Operators) Act 1995 (c. 23)— |
| 5 |
(a) | in the opening words, after “is not authorised to be used under that |
| |
licence by virtue of subsection (1)” insert “on or after the relevant day”; |
| |
(b) | in paragraph (b), for “a prescribed fee” substitute “the prescribed fee (if |
| |
| |
(4) | After that subsection add— |
| 10 |
“(6A) | For the purposes of subsection (6) “the relevant day” is the latest of the |
| |
| |
(a) | the day on which the vehicle was first in the lawful possession |
| |
| |
(b) | the day on which the licence came into force, |
| 15 |
(c) | if a day not more than one month after the later of those days is |
| |
prescribed for the purpose, the day so prescribed.”. |
| |
118 | Vehicles used without operator’s licence: power to return detained vehicles |
| |
(1) | Schedule 1A to the Goods Vehicles (Licensing of Operators) Act 1995 |
| |
(detention of vehicles used without operator’s licence) is amended as follows. |
| 20 |
(2) | For paragraph 8 (power to make regulations for return of detained vehicle) |
| |
| |
“8 | Regulations may make provision authorising a vehicle detained by |
| |
virtue of paragraph 2 to be returned to the owner, in prescribed |
| |
circumstances, without the need for any application under |
| 25 |
| |
Foreign-registered vehicles |
| |
119 | Disclosure of information relating to foreign-registered vehicles |
| |
After section 49 of the Road Safety Act 2006 (c. 49) (disclosure to foreign |
| |
authorities of licensing and registration information) insert— |
| 30 |
“49A | Disclosure of information relating to foreign-registered vehicles |
| |
(1) | The Secretary of State may disclose information to which subsection (2) |
| |
applies to any person or body referred to in subsection (3) (subject to |
| |
any restrictions mentioned in relation to the person or body). |
| |
(2) | This subsection applies to information that— |
| 35 |
(a) | is derived from particulars contained in a register of vehicles |
| |
that is maintained in a country or territory outside the United |
| |
| |
(b) | has been obtained by the Secretary of State from the authority |
| |
or authorities of that country or territory with responsibility |
| 40 |
under the law of that country or territory for maintaining the |
| |
| |
| |
| |
|
| |
| |
(3) | The persons and bodies are— |
| |
(a) | a local authority, where the disclosure is made for any purpose |
| |
connected with the investigation of— |
| |
| |
(ii) | a road traffic contravention; |
| 5 |
(b) | Transport for London, where the disclosure is made for such a |
| |
| |
(c) | the Department of the Environment in Northern Ireland, where |
| |
the disclosure is made for any purpose connected with the |
| |
investigation of an offence; |
| 10 |
(d) | the Department for Regional Development in Northern Ireland, |
| |
where the disclosure is made for any purpose connected with |
| |
the investigation of a road traffic contravention; |
| |
(e) | the chief officer of police of a police force in England and Wales; |
| |
(f) | the chief constable of a police force maintained under the Police |
| 15 |
| |
(g) | a member of the Police Service of Northern Ireland; |
| |
(h) | an officer of Revenue and Customs; |
| |
(i) | an inspector of taxes, where the disclosure is made for any |
| |
purpose connected with any tax liability to which a person is or |
| 20 |
may be subject, or the amount of any such liability; |
| |
(j) | a person who the Secretary of State is satisfied has reasonable |
| |
cause for seeking disclosure of the information. |
| |
(4) | The Secretary of State may charge a reasonable fee in respect of the cost |
| |
| 25 |
(a) | obtaining, or seeking to obtain, information falling within |
| |
| |
(b) | supplying information under subsection (1). |
| |
(5) | Nothing in this section affects any other power of the Secretary of State |
| |
| 30 |
| |
| |
(a) | a county council in England; |
| |
(b) | a metropolitan district council; |
| |
(c) | a non-metropolitan district council for an area for which |
| 35 |
there is no county council; |
| |
(d) | a London borough council; |
| |
(e) | the Common Council of the City of London; |
| |
(f) | the Council of the Isles of Scilly; |
| |
(g) | a county council or county borough council in Wales; |
| 40 |
(h) | a council constituted under section 2 of the Local |
| |
Government etc. (Scotland) Act 1994; |
| |
“road traffic contravention” means— |
| |
(a) | in relation to England and Wales, any contravention |
| |
falling within Schedule 7 to the Traffic Management Act |
| 45 |
| |
(b) | in relation to Scotland, any act or omission that would |
| |
have been an offence but for paragraph 1(4) or (as the |
| |
case may be) 2(4) of Schedule 3 to the Road Traffic Act |
| |
| |
| |
|
| |
| |
1991 (control of parking in permitted and special |
| |
| |
(c) | in relation to Northern Ireland, any contravention |
| |
falling within Schedule 1 to the Traffic Management |
| |
(Northern Ireland) Order 2005 (2005 No. 1964 (N.I. 14)); |
| 5 |
“tax” has the meaning given by section 118(1) of the Taxes |
| |
| |
120 | Use of information relating to foreign-registered vehicles |
| |
After section 49A of the Road Safety Act 2006 (c. 49) insert— |
| |
“49B | Use of information relating to foreign-registered vehicles |
| 10 |
(1) | The Secretary of State may use information to which section 49A(2) |
| |
applies for any of the purposes referred to in subsection (2). |
| |
| |
(a) | to check the accuracy of information which has been obtained |
| |
under regulations made by virtue of section 22A(2) of the |
| 15 |
Vehicle Excise and Registration Act 1994 (vehicle identity |
| |
| |
(b) | to check the accuracy of records maintained by the Secretary of |
| |
State in connection with any functions exercisable by the |
| |
Secretary of State under or by virtue of that Act; |
| 20 |
(c) | to check the accuracy of records maintained, or caused to be |
| |
maintained, under section 45(6B) or 49(3A) of the Road Traffic |
| |
Act 1988 (records of examinations of goods and other vehicles); |
| |
(d) | to promote compliance with section 47 or 53 of that Act |
| |
(obligatory test certificates for goods and other vehicles); |
| 25 |
(e) | where appropriate, to amend or supplement any information |
| |
mentioned in the foregoing provisions of this subsection or |
| |
information contained in any records so mentioned; |
| |
(f) | to trace a non-resident parent (within the meaning of the Child |
| |
Support (Information, Evidence and Disclosure) Regulations |
| 30 |
1992 (S.I. 1992/1812)).”. |
| |
| |
| |
| |
| Schedule 7 contains repeals. |
| 35 |
| |
| |
“the TA 1968” means the Transport Act 1968 (c. 73); |
| |
“the PPVA 1981” means the Public Passenger Vehicles Act 1981 (c. 14); |
| |
“the TA 1985” means the Transport Act 1985 (c. 67); |
| 40 |
“the GLA Act 1999” means the Greater London Authority Act 1999 (c. 29); |
| |
“the TA 2000” means the Transport Act 2000 (c. 38). |
| |
| |
| |
|
