[F1(1)Subject to subsection (3), on the issue by the Secretary of State for a vehicle which is not registered under this section of either—
(a)a vehicle licence, or
(b)a nil licence,
the Secretary of State shall register the vehicle in such manner as he thinks fit without any further application by the person to whom the licence is issued.]
(2)[F2Subject to subsection (3)] Where particulars in respect of a vehicle are furnished to the Secretary of State in accordance with regulations under section 24 before he first issues a vehicle licence for the vehicle, he shall so register the vehicle on receiving the particulars.
[F3(3)The Secretary of State may by regulations provide that in such circumstances as may be prescribed by the regulations a vehicle shall not be registered under this section until a fee of such amount as may be so prescribed is paid.
F3(4)The Secretary of State may by regulations make provision about repayment of any sum paid by way of a fee mentioned in subsection (3), and the regulations may in particular include provision—
(a)that repayment shall be made only if a specified person is satisfied that specified conditions are met or in other specified circumstances;
(b)that repayment shall be made in part only;
(c)that, in the case of partial repayment, the amount repaid shall be a specified sum or determined in a specified manner;
(d)for repayment of different amounts in different circumstances;
and “specified” here means specified in the regulations.]
Textual Amendments
F1S. 21(1) substituted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 2; S.I. 1998/560, art. 2
F2Words in s. 21(1)(2) inserted (1.5.1995) by 1995 c. 4, s. 19, Sch. 4 Pt. VI para. 33
F3S. 21(3)(4) inserted (1.5.1995) by 1995 c. 4, s. 19, Sch. 4 Pt. VI para. 33
(1)The Secretary of State may by regulations—
(a)make provision with respect to the registration of vehicles (including, in particular, the form of and the particulars to be included in the register of trade licences),
(b)require the Secretary of State to make with respect to registered vehicles the returns prescribed by the regulations,
(c)provide for making any particulars contained in the register available for use by the persons prescribed by the regulations on payment, in cases so prescribed, of a fee of such amount as appears to the Secretary of State reasonable in the circumstances of the case,
(d)require a person by[F4, through] or to whom any vehicle is sold or disposed of to furnish the particulars prescribed by the regulations in the manner so prescribed,
[F5(dd)require a person by [F6or through]whom any vehicle is sold or disposed of to furnish the person to whom it is sold or disposed of with such document relating to the vehicle’s registration as may be prescribed by the regulations, and to do so at such time as may be so prescribed.]
(e)provide for the issue of registration documents in respect of the registration of a vehicle,
(f)provide for the transfer, surrender and production of registration documents,
(g)provide for the inspection of registration documents by the persons prescribed by the regulations, F7. . .
(h)provide for the issue of new registration documents in place of registration documents which are or may be lost, stolen[F8, surrendered], destroyed or damaged [F9or which contain any particulars which have become illegible or inaccurate],
[F10(ha)require the destruction of a registration document where a new registration document is issued in place of it,]
[F11(i)provide for a fee of such amount as appears to the Secretary of State to be reasonable to be paid on the issue of new registration documents in any of the circumstances mentioned in paragraph (h).]
[F12(1A)The Secretary of State may make regulations providing for the sale of information derived from particulars contained in the register—
(a)to such persons as the Secretary of State thinks fit, and
(b)for such price and on such other terms, and subject to such restrictions, as he thinks fit,
if the information does not identify any person or contain anything enabling any person to be identified.
(1B)Without prejudice to the generality of paragraph (d) of subsection (1) F13... , regulations under that paragraph may require—
(a)any person there mentioned to furnish particulars to [F14another person there mentioned or to the Secretary of State or to another such person and to the Secretary of State;]
(b)any person there mentioned who is furnished with particulars in pursuance of the regulations to furnish them to the Secretary of State.]
[F15(1C)Regulations under subsection (1)(e) may, in particular, provide that registration documents need not be issued in respect of the registration of a vehicle until the vehicle has been inspected by a person specified by the Secretary of State.]
[F16(1D)The Secretary of State may by regulations require a person—
F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F18(aa)who does not renew a vehicle licence for a vehicle registered under this Act in his name,]
(b)who does not renew a vehicle licence for a vehicle kept by him, or
(c)who keeps an unlicensed vehicle at any place in the United Kingdom,
to furnish such particulars and make such declarations as may be prescribed by the regulations, and to do so at such times and in such manner as may be so prescribed.
[F19(1DA)For the purposes of subsection (1D)(aa) a person shall be regarded as not renewing a vehicle licence for a vehicle registered in his name if—
(a)a vehicle for which a vehicle licence is in force is registered in his name, and
(b)he does not, at such time as may be prescribed by the regulations or within such period as may be so prescribed, take out a vehicle licence to have effect from the expiry of the vehicle licence mentioned in paragraph (a).]
(1E)For the purposes of subsection (1D)(b) a person shall be regarded as not renewing a vehicle licence for a vehicle kept by him if—
(a)he keeps a vehicle for which a vehicle licence is in force, and
(b)he does not, at such time as may be prescribed by the regulations or within such period as may be so prescribed, take out a vehicle licence to have effect from the expiry of the vehicle licence mentioned in paragraph (a).
(1F)For the purposes of subsection (1D)(c) a vehicle is unlicensed if no vehicle licence is in force for the vehicle.
(1G)Regulations under subsection (1D) may make such transitional provision as appears to the Secretary of State to be appropriate.]
(2)Regulations made by the Secretary of State may—
(a)extend any of the provisions as to registration (and provisions incidental to any of those provisions) to, and
(b)provide for the identification of,
any exempt vehicles, any vehicles belonging to the Crown or any trailers (within the meaning of Part VIII of Schedule 1).
[F20(2A)Regulations under subsection (2) may, in particular—
(a)require a person applying for a nil licence—
(i)to make [F21any such] declaration, and
(ii)to furnish [F22any] such particulars [F23and any such documentary or other evidence],
(whether or not with respect to the vehicle for which the licence is to be taken out) as may be prescribed by the regulations, F24...
(b)provide for any requirement to make such a declaration not to apply in such circumstances as may be so prescribed.
[F25(c)make provision (including provision requiring the payment of a fee) for cases where a nil licence is or may be lost, stolen, destroyed or damaged or contains particulars which have become illegible or inaccurate,
F25(d)require a person issued with a nil licence which ceases to be in force in circumstances prescribed by the regulations to furnish to the Secretary of State [F26any] such particulars [F27and any such documentary or other evidence] and make [F26any] such declarations as may be so prescribed, and to do so at such times and in such manner as may be so prescribed.]
F20(2B)The circumstances which may be prescribed by the regulations by virtue of subsection (2A)(b) include where a person applying for a nil licence agrees to comply with such conditions as may be specified in relation to him by the Secretary of State.
F20(2C)The conditions which may be specified by virtue of subsection (2B) include—
(a)a condition that particulars for the time being prescribed by the regulations by virtue of subsection (2A)(a) are furnished by being transmitted to the Secretary of State by such electronic means as he may specify; and
(b)a condition such as is mentioned in section 7(3B)(b) (treating the references to paragraph (a) of subsection (3B) as references to paragraph (a) of this subsection).]
F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F29(4)Regulations made by the Secretary of State may make provision for the return of any nil licence to the Secretary of State in such circumstances as may be prescribed by the regulations.]
Textual Amendments
F4Words in s. 22(1)(d) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 4(1)(2)
F5S. 22(1)(dd) inserted (1.5.1995) by 1995 c. 4, s. 19, Sch. 4 Pt. IV para. 34(1)(2)
F6Words in s. 22(1)(dd) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 4(1)(3)
F7S. 22(1)(g): word immediately preceding para. (h) repealed (29.4.1996) by 1996 c. 8, s. 205, Sch. 41 Pt. II(6)
F9Words in s. 22(1)(h) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 4(1)(4)
F10S. 22(1)(ha) inserted (21.7.2009) by Finance Act 2009 (c. 10), s. 120
F11S. 22(1)(i) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 4(1)(4)
F12S. 22(1A)(1B) inserted (1.5.1995) by 1995 c. 4, s. 19, Sch. 4 Pt. IV para. 34(1)(3)
F13Word in s. 22(1B) repealed (29.4.1996) by 1996 c. 8, s. 205, Sch. 41 Pt. II(6)
F14Words in s. 22(1B)(a) substituted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 5
F15S. 22(1C) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 6
F16S. 22(1D)-(1G) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 7
F17S. 22(1D)(a) omitted (1.1.2009) by virtue of Finance Act 2008 (c. 9), s. 144(4)(7)
F18S. 22(1D)(aa) inserted (30.11.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 6(1); S.I. 2003/3086, art. 2(b)
F19S. 22(1DA) inserted (24.7.2002 for the purpose of the exercise of any power to make regulations and 30.11.2003 otherwise) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 6(2); S.I. 2003/3086, art. 2(b)
F20S. 22(2A)-(2C) inserted (31.7.1997) by 1997 c. 58, s. 14(3)
F21Words in s. 22(2A)(a)(i) substituted (17.9.2002) by 2001 c. 3, ss. 32(2)(a), 44; S.I. 2002/2377, art. 2(a)
F22Word in s. 22(2A)(a)(ii) inserted (17.9.2002) by 2001 c. 3, ss. 32(2)(b)(i), 44; S.I. 2002/2377, art. 2(a)
F23Words in s. 22(2A)(a)(ii) inserted (17.9.2002) by 2001 c. 3, ss. 32(2)(b)(ii), 44; S.I. 2002/2377, art. 2(a)
F24Word in s. 22(2A)(a) repealed (31.7.1998 with effect as mentioned in Sch. 27 Pt. I(4) Note of the amending Act) by 1998 c. 36, s. 165, Sch. 27 Pt. I(4) Note
F25S. 22(2A)(c)(d) inserted (31.7.1998) by 1998 c. 36, s. 18
F26Word in s. 22(2A)(d) inserted (17.9.2002) by 2001 c. 3, ss. 43, 44, Sch. para. 4(a)(c); S.I. 2002/2377, art. 2(c)
F27Words in s. 22(2A)(d) inserted (17.9.2002) by 2001 c. 3, ss. 43, 44, Sch. para. 4(b); S.I. 2002/2377, art. 2(c)
F28S. 22(3) repealed (31.7.1997) by 1997 c. 58, s. 52, Sch. 8 Pt. I
F29S. 22(4) inserted (1.4.1998) by 1997 c. 16, s. 18, Sch. 3 para. 3; S.I. 1998/560, art. 2
(1)This section applies to information that—
(a)is held for the purposes of functions relating to social security or war pensions—
(i)by the Secretary of State [F31or a Northern Ireland department] , or
(ii)by a person providing services to the Secretary of State [F31or a Northern Ireland department] , in connection with the provision of those services, and
(b)is of a description prescribed by regulations made by the Secretary of State.
(2)Information to which this section applies may, if the consent condition is satisfied, be supplied—
(a)to the Secretary of State, or
(b)to a person providing services to the Secretary of State,
for use for the purposes of relevant nil licence functions.
(3)The “consent condition”, in relation to any information, is that—
(a)if the information was provided by a person other than the person to whom the information relates, the person who provided the information, or
(b)in any other case, the person to whom the information relates,
has consented to the supply of the information and has not withdrawn that consent.
(4)Information supplied under subsection (2) shall not—
(a)be supplied by the recipient to any other person unless—
(i)it could be supplied to that person under subsection (2), or
(ii)it is supplied for the purposes of any civil or criminal proceedings relating to this Act;
(b)be used otherwise than for the purposes of relevant nil licence functions or any such proceedings.
(5)In this section “relevant nil licence functions” means functions relating to applications for, and the issue of, nil licences in respect of vehicles that are exempt vehicles under—
(a)paragraph 19 of Schedule 2, or
(b)paragraph 7 of Schedule 4.]
Textual Amendments
F30S. 22ZA inserted (24.7.2002) by Finance Act 2002 (c. 23), s. 17
F31Words in s. 22ZA(1)(a)(i)(ii) inserted (10.7.2003) by Finance Act 2003 (c. 14), s. 15
(1)This section applies to regulations under section 22(1)(h) which confer a power on the Secretary of State to refuse to issue a new registration document in respect of a registered vehicle if he is not satisfied that the vehicle for which the document is being sought is the registered vehicle.
(2)Such regulations may, in particular, provide for—
(a)the examination (whether by the Secretary of State or by persons authorised by him) of all vehicles for which new registration documents are being sought, or such vehicles of a particular description, for the purpose of ascertaining whether they are the registered vehicles concerned,
(b)the provision of other evidence in relation to all vehicles for which new registration documents are being sought, or such vehicles of a particular description, for the purpose of ascertaining whether they are the registered vehicles concerned.
(3)Regulations made by virtue of subsection (2) may, in particular, provide for—
(a)notification of examinations (including their purpose), the issue of certificates as to the outcome of examinations and the keeping of records in relation to examinations and certificates,
(b)the issue of duplicates or copies of certificates and the fees to be paid on applications for such duplicates or copies,
(c)the correction of errors in certificates,
(d)the payment of fees for examinations, and for re-examinations resulting from appeals and the repayment of the whole or part of the fee paid for such a re-examination where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,
(e)the making of appeals against the outcome of examinations,
(f)the carrying out of examinations in the absence of the keepers or owners of the vehicles concerned,
(g)courses of instruction in connection with the carrying out of examinations and the charging of fees in respect of attendance on such courses,
(h)the authorisation of examiners, the imposition of conditions to be complied with by authorised examiners (including the payment of fees to the Secretary of State) and the withdrawal of authorisations,
(i)the manner in which, conditions under which and apparatus with which examinations are carried out by authorised examiners, and the inspection of premises at which and apparatus with which such examinations are being, or are to be, carried out,
(j)the charges to be paid by authorised examiners to the Secretary of State in connection with—
(i)the issue of certificates,
(ii)the issue of duplicates or copies of certificates, and
(iii)the correction of errors in certificates.
(4)The Secretary of State may use information contained in relevant records—
(a)to check the accuracy of information which has been obtained under regulations made by virtue of subsection (2), and
(b)where appropriate, to amend or supplement any such information.
(5)The Secretary of State may use information which has been obtained under regulations made by virtue of subsection (2)—
(a)to check the accuracy of relevant records, and
(b)where appropriate, to amend or supplement information contained in those records.
(6)In subsections (4) and (5) “relevant records” means records—
(a)maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of this Act,
(b)records maintained by the Secretary of State (or caused by him to be maintained) under section 45(6B) of the Road Traffic Act 1988 (c.52).
(7)Subsections (4) to (6) do not limit any powers of the Secretary of State apart from those subsections.
(8)This section is without prejudice to the generality of the powers conferred by section 22.]