- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As made)
Point in time view as at 31/12/2020.
There are currently no known outstanding effects for the The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Statutory Instruments
Exiting The European Union
Road Traffic
Made
11th March 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.
In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Marginal Citations
1.—(1) These Regulations may be cited as the Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
(2) Regulations 2 and 3 extend to England and Wales and Scotland only. Regulations 5 and 6 extend to Northern Ireland only.
(3) In these Regulations, “the 2003 Regulations” means the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 M2.
(4) Where a court in any part of the United Kingdom was seised before [F1IP completion day] of legal proceedings against MIB under regulation 11 or 13 of the 2003 Regulations, regulations 2, 10, 11, 12(3) to (5), 13 and 16 of those Regulations shall continue to apply as if these Regulations had not been made and as if the United Kingdom remained a member State of the European Union.
(5) In this regulation a court shall be deemed to be seised—
(a)at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant has not subsequently failed to take the steps the applicant was required to take to have service effected on the respondent; or
(b)if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service (being the first authority receiving the document to be served), provided that the applicant has not subsequently failed to take the steps the applicant was required to take to have the document lodged with the court.
(6) In this regulation—
(a)references to “applicant” include “claimant” or “pursuer”, and references to “respondent” include “defendant” or “defender”;
(b)“MIB” means the Motor Insurers' Bureau (a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946).
Textual Amendments
F1Words in reg. 1(4) substituted (31.12.2020 immediately before IP completion day) by The Motor Vehicles (Compulsory Insurance and Rights Against Insurers) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/945), regs. 1(2), 2
Commencement Information
I1Reg. 1 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M2S.I. 2003/37, to which there are amendments not relevant to these Regulations.
2. In section 145 of the Road Traffic Act 1988 M3 (requirements in respect of policies of insurance), in subsection (3)—
(a)in paragraph (aa) for “another” substitute “ a ”;
(b)in paragraph (b)—
(i)for “other than Great Britain and Gibraltar” substitute “ of Northern Ireland and ”;
(ii)in sub-paragraph (i) for “of the State in whose territory” substitute “ applicable in the territory in which ”.
Commencement Information
I2Reg. 2 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M31988 c. 52; section 145(3) was amended by S.I. 1992/3036, 2000/726 and 2011/1043.
3.—(1) The Motor Vehicles (Compulsory Insurance) (No. 2) Regulations 1973 M4 are amended as follows.
(2) In regulation 5(1) for “other than Great Britain and Gibraltar” substitute “ of Northern Ireland or ”.
(3) In regulation 6(1)—
(a)after “other than” insert “ Northern Ireland or ”;
(b)for the words from “the territory in” to the end substitute “ Great Britain, in accordance with the requirements on compulsory insurance against civil liability in respect of the use of vehicles in Part VI of the Road Traffic Act 1988. ”.
(4) In regulation 7(3)(c)—
(a)after “a place not in” insert “ Northern Ireland or ”;
(b)omit “other than Gibraltar”.
(5) In regulation 8 omit “other than the United Kingdom and Gibraltar”.
Commencement Information
I3Reg. 3 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M4S.I. 1973/2143, relevant amending instruments are S.I. 1974/791, 2011/1043, 2012/1809.
4.—(1) Subject to regulation 1(4), the 2003 Regulations are amended as follows.
(2) In regulation 2(1)—
(a)omit the following definitions—
(i)claims representative;
(ii)compensation body;
(iii)foreign compensation body;
(iv)MIB;
(v)second motor insurance directive;
(b)in the definitions of “European insurance policy” and “foreign information centre” omit “other than the United Kingdom”.
(3) In regulation 3—
(a)for paragraph (1) substitute—
“(1) MIIC is the information centre for the United Kingdom.”;
(b)omit paragraph (6).
(4) In regulation 4—
(a)in paragraph (b)—
(i)at the end of sub-paragraph (iii) insert “ and ”;
(ii)omit sub-paragraph (iv);
(b)in paragraph (c) for “derogation provided in Article 4(a) of the first motor insurance directive” substitute “ exception in section 144(2) of the Road Traffic Act 1988 or in paragraph (2)(a) or (aa) or paragraph (2A) of Article 90 of the Road Traffic (Northern Ireland) Order 1981 ”;
(c)in paragraph (d) omit the words from “(in” to “applicable)”.
(5) For regulation 7(1) substitute—
“(1) Every person who takes advantage of an exception in section 144(2) of the Road Traffic Act 1988 or in paragraph (2)(a) or (aa) or paragraph (2A) Article 90 of the Road Traffic (Northern Ireland) Order 1981 to—
(a)use a motor vehicle on a road or other public place without there being in force in relation to the use of the vehicle by that person a UK insurance policy; or
(b)cause or permit any other person to use a motor vehicle on a road or other public place without there being in force in relation to the use of the vehicle by that person a UK insurance policy,
shall maintain a record of the information set out in Part 3 of the Schedule for the period specified in regulation 3(3).”.
(6) In regulation 9—
(a)in paragraph (1)—
(i)in sub-paragraph (b)(i) omit “other than the United Kingdom”;
(ii)omit sub-paragraph (c).
(b)in paragraph (4)—
(i)at the end of sub-paragraph (b) insert “ and ”;
(ii)omit sub-paragraph (c);
(iii)in sub-paragraph (d) omit “other than the United Kingdom”.
(7) Omit regulations 10 to 16.
(8) In Part 3 of the Schedule—
(a)for the heading substitute— “ Information to be Recorded by Users Taking Advantage of an Exception from the Requirement to hold Compulsory Third Party Motor Insurance ”;
(b)for “Article 4(a) of the first motor insurance directive” substitute “ section 144(2) of the Road Traffic Act 1988 or paragraph (2)(a) or (aa) or paragraph (2A) of Article 90 of the Road Traffic (Northern Ireland) Order 1981 ”;
(c)in sub-paragraph (b) for “derogation” substitute “ exception ”.
Commencement Information
I4Reg. 4 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
5. In Article 92 of the Road Traffic (Northern Ireland) Order 1981 M5 (requirements in respect of policies), in paragraph (1)—
(a)in sub-paragraph (bb) for “another” substitute “ a ”;
(b)in sub-paragraph (c)—
(i)for “other than Northern Ireland and Gibraltar” substitute “ of Great Britain and ”;
(ii)in head (i) for “, of the State in whose territory” substitute “ applicable in the territory in which ”.
Commencement Information
I5Reg. 5 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M5S.I. 1981/154 (N.I. 1); Article 92(1) was amended by S.R. 1993 No. 57; there are other amending instruments but none is relevant.
6.—(1) The European Communities (Motor Vehicles: Compulsory Insurance) (Northern Ireland) Regulations 1973 M6 are amended as follows.
(2) In regulation 5(1) for “other than Northern Ireland and Gibraltar” substitute “ of Great Britain or ”.
(3) In regulation 6(1)—
(a)after “other than” insert “ Great Britain or ”;
(b)for the words from “the territory in” to the end substitute “ Northern Ireland, in accordance with the requirements on compulsory insurance against civil liability in respect of the use of vehicles in Part VIII of the Road Traffic (Northern Ireland) Order 1981. ”.
(4) In regulation 7(4)(c)—
(a)after “a place not in” insert “ Great Britain or ”;
(b)omit “other than Gibraltar”.
(5) In regulation 8 omit “, other than the United Kingdom and Gibraltar,”.
Commencement Information
I6Reg. 6 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M6S.R. & O. (NI) 1973 No. 448, amended by S.R. 1974 No. 206; there are other amending instruments but none is relevant.
Signed by Authority of the Secretary of State for Transport
Jesse Norman
Minister of State
Department for Transport
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d), (e) and (g)) arising from the withdrawal of the United Kingdom from the European Union. Regulation 1(4) to (6) is made in exercise of the power in paragraph 21 of Schedule 7 to that Act.
These Regulations make amendments to legislation in the field of compulsory motor insurance. Part 2 amends primary legislation, Part 3 amends subordinate legislation and Parts 4 and 5 amend Northern Ireland legislation. The amendments in regulations 2, 3, 5 and 6 adjust language and references to recognise that the United Kingdom is no longer a member State of the European Union but otherwise maintain the status quo in respect of compulsory third party liability insurance in the UK. Regulation 4 removes the requirement for the United Kingdom's Motor Insurer's Bureau (‘MIB’) to act as a Compensation Body under the European Union's protection of visitors scheme (‘visiting victims scheme’) which will no longer be appropriate once the United Kingdom leaves the European Union. Regulation 1(4) ensures that the visiting victims scheme continues to apply where court proceedings are commenced before exit day by UK residents against MIB under regulation 11 or 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003.
An impact assessment of the effect of these Regulations on the costs to business, the voluntary sector and the public sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR and is published alongside this instrument at www.legislation.gov.uk.
An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: