Word in s. 47(1)(2)(a) inserted (19.12.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 12; S.I. 2003/3086, art. 2(a)
Words in s. 47(1)(2) inserted (29.4.1996 with effect as mentioned in Sch. 2 para. 14(3) of the amending Act) by 1996 c. 8, s. 23, Sch. 2 para. 14(1)(a)(3)
Word in s. 48(3)(a) inserted (19.12.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 13; S.I. 2003/3086, art. 2(a)
Words in s. 48(3) inserted (29.4.1996 with effect as mentioned in Sch. 2 para. 14(3) of the amending Act) by 1996 c. 8, s. 23, Sch. 2 para. 14(1)(b)(3)
Words in s. 48(4) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 90(4)
Words in s. 51(1) substituted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 7(2); S.I. 1998/560, art. 2
S. 51A inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 13
S. 52(5) repealed (6.9.1999) by S.I. 1997/2983 (N.I. 21), art. 13(2), Sch. 2 (with art. 12); S.R. 1999/339, art. 2
Words in s. 52(6) repealed (6.9.1999) by S.I. 1997/2983 (N.I. 21), art. 13(2), Sch. 2 (with art. 12); S.R. 1999/339, art. 2
Word in s. 53 inserted (19.12.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 14; S.I. 2003/3086, art. 2(a)
Words in s. 54 inserted (19.12.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 15; S.I. 2003/3086, art. 2(a)
Words in s. 55(1) substituted (1.9.1998) by 1998 c. 15, s. 4(2)(c); S.I. 1998/1837, art. 2
Words in s. 55(1) substituted (29.4.1996 with effect as mentioned in Sch. 2 para. 14(3) of the amending Act) for s. 55(1)(a)(b) by 1996 c. 8, s. 23, Sch. 2 para. 14(2)(3)
Words in s. 55(5)(a) substituted (1.9.1998) by 1998 c. 15, s. 4(1)(b); S.I. 1998/1837, art. 2
No proceedings for an offence under section 29,
Proceedings for an offence under—
section 29,
regulations under this Act,
may be commenced in England or Wales or Northern Ireland by the Secretary of State or a constable at any time within six months from the date on which evidence sufficient in his opinion to justify the proceedings came to his knowledge.
No proceedings for any offence may be commenced by virtue of subsection (2) more than three years after the commission of the offence.
A certificate—
stating that the Secretary of State’s approval is given for the institution by a constable of any proceedings specified in the certificate, and
signed by or on behalf of the Secretary of State,
is conclusive evidence of that approval.
A certificate—
stating the date on which evidence such as is mentioned in subsection (2) came to the knowledge of the Secretary of State or a constable, and
signed by or on behalf of the Secretary of State or constable,
is conclusive evidence of that date.
A certificate—
including a statement such as is mentioned in paragraph (a) of subsection (4) or (5), and
purporting to be signed as mentioned in paragraph (b) of the subsection concerned,
is to be deemed to be so signed unless the contrary is proved.
The following provisions of the
section 145 (which would require such proceedings to be instituted by order of the Secretary of State and certain such proceedings to be commenced in the name of an officer of his), and
section 146A (which would impose time-limits for bringing such proceedings).
Summary proceedings for an offence under this Act, except under section 44 or 45, may be instituted in Scotland by the Secretary of State.
The Secretary of State may (despite the provisions of any enactment) institute proceedings by virtue of subsection (1) in any court of summary jurisdiction in Scotland.
Summary proceedings in Scotland in respect of any offence under—
section 29,
regulations under this Act,
may not be commenced more than three years after the commission of the offence.
Subject to that (and despite anything in
in the case of proceedings instituted by the procurator fiscal as a result of information supplied to him by the Secretary of State, at any time within six months from the date on which the information came to the knowledge of the Secretary of State, and
in any other case, at any time within six months from the date on which evidence sufficient in the opinion of the person instituting the proceedings to justify the proceedings came to his knowledge;
and subsection (3) of that section applies for the purposes of this subsection as it applies for the purposes of that section.
A certificate—
stating the date on which information such as is mentioned in subsection (4)(a) came to the knowledge of the Secretary of State, and
signed by or on behalf of the Secretary of State,
is conclusive evidence of that date.
A certificate—
stating the date on which evidence such as is mentioned in subsection (4)(b) came to the knowledge of the person instituting the proceedings, and
signed by or on behalf of that person,
is conclusive evidence of that date.
A certificate—
including a statement such as is mentioned in paragraph (a) of subsection (5) or (6), and
purporting to be signed as mentioned in paragraph (b) of the subsection concerned,
is to be deemed to be so signed unless the contrary is proved.
A person authorised by the Secretary of State for the purposes of this section may on behalf of the Secretary of State conduct and appear in any proceedings by or against the Secretary of State under this Act—
in England and Wales, in a magistrates’ court or before a district judge of a county court,
in Scotland, in any court other than the High Court of Justiciary or the Court of Session, and
in Northern Ireland, in a court of summary jurisdiction or before a county court.
No proceedings shall be brought—
by the Secretary of State for the recovery of any underpayment of duty on a vehicle licence, or
by any person for the recovery of any overpayment of duty on a vehicle licence taken out by him,
after the end of the period of twelve months beginning with the end of the period in respect of which the licence was taken out.
This section applies where in any proceedings in England and Wales or Northern Ireland for an offence under section 29
it is appropriately proved that there has been served on the accused by post a requirement under section 46(1) or (2) to give information as to the identity of—
the driver of, or a person who used, a particular vehicle, or
the person who kept a particular vehicle on a road,
on the particular occasion on which the offence is alleged to have been committed, and
a statement in writing is produced to the court purporting to be signed by the accused that he was—
the driver of, or a person who used, that vehicle, or
the person who kept that vehicle on a road,
on that occasion.
Where this section applies, the court may accept the statement as evidence that the accused was—
the driver of, or a person who used, that vehicle, or
the person who kept that vehicle on a road,
on that occasion.
In subsection (1) “
on oath, or
in the manner prescribed—
in England and Wales, by rules under section 144 of the
in Northern Ireland, by magistrates’ courts rules, as defined by Article 2(3) of the
Subsection (2) applies in relation to any proceedings in England, Wales or Northern Ireland against a person for an offence on the grounds that—
a vehicle has been sold or disposed of by, through or to him and he has failed to furnish particulars prescribed by regulations made by virtue of section 22(1)(d);
a vehicle has been sold or disposed of by or through him and he has failed to furnish a document prescribed by regulations made by virtue of section 22(1)(dd); or
he has surrendered, or not renewed, a vehicle licence, or is keeping an unlicensed vehicle, and has failed to furnish any particulars or make a declaration prescribed by regulations made by virtue of section 22(1D).
If—
it is appropriately proved that there has been served on the accused by post a requirement under section 46A to give information as to the identity of the person keeping the vehicle at a particular time, and
a statement in writing is produced to the court purporting to be signed by the accused that he was keeping the vehicle at that time,
the court may accept the statement as evidence that the accused was keeping the vehicle at that time.
In subsection (2) “
A statement to which this section applies is admissible in any proceedings as evidence (or, in Scotland, sufficient evidence) of any fact stated in it with respect to matters prescribed by regulations made by the Secretary of State to the same extent as oral evidence of that fact is admissible in the proceedings.
This section applies to a statement contained in a document purporting to be—
a part of the records maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of this Act,
a copy of a document forming part of those records, or
a note of any information contained in those records,
and to be authenticated by a person authorised to do so by the Secretary of State.
In this section as it has effect in England and Wales—
“
“
“
In this section as it has effect in Scotland, “
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nothing in subsection (4)
Where in any proceedings for an offence under section 29,
the number of vehicles used,
the character, weight or cylinder capacity of a vehicle,
the seating capacity of a vehicle, or
the purpose for which a vehicle has been used,
the burden of proof in respect of the matter lies on the accused.
In any proceedings in Scotland for an offence under section 29
This section applies where, under section
In subsection (1) “
in England and Wales, proved to the satisfaction of the court—
on oath, or
in the manner prescribed by rules under section 144 of the Magistrates’ Courts Act 1980, and
in Northern Ireland, proved to the satisfaction of the court—
on oath,
by affidavit, or
in the manner prescribed by magistrates’ courts rules, as defined by Article 2(3) of the Magistrates’ Courts (Northern Ireland) Order 1981.
In this section “
in a case within subsection (1)(a), under section 30, or
in a case within subsection (1)(b), under section 36.
Where this section applies, the court shall proceed under section 30, or section 36, as if the amount specified in the relevant notice were the amount calculated in accordance with that section.
The court shall not so proceed if it is stated in the notification purporting to be given by or on behalf of the accused under—
section
Article 24(2) of the
that the amount specified in the relevant notice is inappropriate.
Any penalty recovered under or by virtue of this Act shall be paid into the Consolidated Fund.
Section 151 of the
Any fine imposed under or by virtue of this Act which (apart from this subsection) would not be paid into the Consolidated Fund shall be so paid.