Vehicles (Crime) Act 2001

Registration E+W

17 Requirement of registration for registration plate suppliers E+W

(1) Any person who carries on business as a registration plate supplier F1 ... without being registered by the Secretary of State shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) For the purposes of this Part a person carries on business as a registration plate supplier if he—

(a) carries on a business which consists wholly or partly in selling registration plates; and

(b) is not an exempt person.

(3) The Secretary of State may by regulations provide for—

(a) activities of a prescribed description to be treated for the purposes of this Part as not being activities which consist in selling registration plates;

(b) persons of a prescribed description to be exempt persons for the purposes of this Part.

(4) In this Part “registered” means registered in accordance with the provisions of this Part in a register established and maintained by the Secretary of State under section 18; and cognate expressions shall be construed accordingly.

Textual Amendments

F1 Words in s. 17(1) repealed (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(3), 61(1), Sch. 7(15); S.I. 2008/1864, art. 2

Commencement Information

I1 S. 17 wholly in force; s. 17 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002, s. 17(3)-(4) otherwise in force at 1.1.2003 and s. 17(1) otherwise in force at 1.3.2003 by S.I. 2002/2957, arts. {2}, {3}, {4}

18 Register of registration plate suppliers E+W

(1) The Secretary of State shall establish and maintain a register of persons carrying on business as registration plate suppliers.

(2) Each person’s entry in the register shall contain such particulars as may be prescribed.

(3) The Secretary of State shall, subject to subsection (6) and such fee (if any) as may be prescribed, supply any person who has requested information contained in the register with the information that he has requested.

(4) If the request is for information in the form of a copy (certified to be true) of the register or of an extract from it, the Secretary of State shall, subject to subsection (6) and such fee (if any) as may be prescribed, supply the information in that form.

(5) Any such certified copy shall be evidence [F2 (or, in Scotland, sufficient evidence)] of the matters mentioned in it.

(6) The Secretary of State may by regulations specify—

(a) descriptions of persons who are not entitled to be supplied with information under subsection (3); and

(b) descriptions of information which shall not be supplied under that subsection.

(7) The Secretary of State may make all of the information contained in the register or information so contained of a particular description available to the [F3 National Policing Improvement Agency] for use by constables for the purpose of investigating offences under this Part.

(8) The Secretary of State may by regulations determine the circumstances in which any of the information to which constables have been given access under subsection (7) may be further disclosed by them.

[F4 (9) In this section, “ constables ” includes—

(a) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,

(b) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area, and

(c) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force.]

Textual Amendments

F2 Words in s. 18(5) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(4), 61(1); S.I. 2008/1864, art. 2

F3 Words in s. 18(7) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 77; S.I. 2007/709, art. 3(a) (with art. 6)

F4 S. 18(9) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 123(2), 178(8); S.I. 2005/1521, art. 3(1)(k)

Commencement Information

I2 S. 18 wholly in force; s. 18 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 18 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

19 Applications for registration E+W

(1) An application for registration—

(a) shall be made to the Secretary of State in accordance with such requirements as may be prescribed; and

(b) shall be accompanied by a fee of such amount (if any) as may be prescribed.

(2) The level of fees so prescribed may be set with a view to recovering the reasonable costs incurred by the Secretary of State in connection with the administration of this Part.

(3) A person who, in making an application for registration—

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Where an order under section 20(1)(b) has effect in relation to a person who has been convicted of an offence under subsection (3), no application for registration shall be made by that person under subsection (1) in contravention of the order.

(5) No application for registration shall be made under subsection (1) by a person while his registration is suspended by an order of a court under section 20(2).

(6) A person who makes an application in contravention of subsection (4) or (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) The Secretary of State shall, on receiving an application under subsection (1), register the applicant.

Commencement Information

I3 S. 19 wholly in force; s. 19 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 19 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

20 Removal or suspension of registration by a court E+W

(1) Where a person is convicted of an offence under section 19(3) the court before which he is convicted may, instead of or in addition to imposing a fine, by order do either or both of the following—

(a) provide for the removal of any entry relating to him in the register;

(b) prohibit him from making an application for registration under section 19(1) within such period not exceeding five years as may be specified in, or determined under, the order.

(2) Where a registered person is convicted of an offence under this Part (other than an offence under section 19(3)) the court before which he is convicted may, instead of or in addition to imposing a fine, by order suspend his registration for any period of up to five years.

(3) No order under subsection (1) or (2) shall have effect—

(a) if no appeal is brought, before the end of the period for bringing an appeal has passed;

(b) if an appeal is brought, before the final determination or withdrawal of the appeal.

(4) A court shall give notice to the Secretary of State of the contents of any order which has been made by it under subsection (1) or (2) and which has effect.

(5) The Secretary of State shall amend the register—

(a) to give effect to any order of a court under subsection (1)(a); or

(b) to reflect any suspension effected by an order of a court under subsection (2);

but may not do so until the order concerned has effect.

(6) In this section “appeal” includes an application under section 111 of the Magistrates’ Courts Act 1980 (c. 43) [F5 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981] (application by way of case stated).

Textual Amendments

F5 Words in s. 20(6) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(5), 61(1); S.I. 2008/1864, art. 2

Commencement Information

I4 S. 20 wholly in force; s. 20 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 20 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

21 Cancellation of registration by the Secretary of State E+W

(1) The Secretary of State may cancel a person’s registration if he is satisfied that the person concerned is not carrying on business as a registration plate supplier and has not, while registered, been doing so for at least 28 days.

(2) A cancellation under subsection (1) shall not have effect—

(a) if no appeal is brought under section 23, before the end of the period of 21 days mentioned in subsection (2) of that section;

(b) if an appeal is brought under that section, before the final determination or withdrawal of the appeal.

(3) This section is subject to section 22.

Commencement Information

I5 S. 21 wholly in force; s. 21 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 21 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

22 Right to make representations: Part 2 E+W

(1) The Secretary of State shall not cancel a person’s registration under section 21 unless the Secretary of State has complied with the provisions of this section.

(2) The Secretary of State shall serve a notice on the person concerned stating—

(a) what he is proposing to do;

(b) the reasons for it; and

(c) the period (not less than 14 days starting with the date of service of the notice) within which the person concerned may by notice—

(i) require the Secretary of State to give him an opportunity to make representations about the proposal; or

(ii) inform the Secretary of State that he does not wish to make any such representations.

(3) Where a notice has been served by the Secretary of State under subsection (2), the Secretary of State shall not proceed with his proposed cancellation until—

(a) the person concerned has made representations about it or informed the Secretary of State that he does not wish to make any such representations;

(b) the period mentioned in subsection (2)(c) has passed without the Secretary of State being required to give the person concerned an opportunity to make representations or without the Secretary of State being informed that the person concerned does not wish to make any representations; or

(c) the conditions specified in subsection (4) are satisfied.

(4) The conditions are that—

(a) the person concerned has required the Secretary of State to give him an opportunity to make representations to the Secretary of State about the proposal;

(b) the Secretary of State has allowed that person a reasonable period to make his representations; and

(c) the person concerned has failed to make his representations within that period.

(5) The representations may be made orally or in writing.

(6) If the person concerned informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give that person an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.

(7) If the Secretary of State decides to proceed with his proposed cancellation, he shall serve a notice on the person concerned informing him of the Secretary of State’s decision to proceed and of the cancellation.

(8) A notice under subsection (7) shall also inform the person concerned of—

(a) his right to appeal under section 23 against the cancellation;

(b) the time within which such an appeal may be brought; and

(c) the date on which the cancellation is to have effect.

Commencement Information

I6 S. 22 wholly in force; s. 22 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 22 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

[F6 23 Appeals: Part 2 E+W

(1) An appeal against the cancellation by the Secretary of State under 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 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,

(b) in Scotland, is to be by way of summary application to the sheriff, and

(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,

(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.

(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 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—

(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

(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 so until the final determination or withdrawal of the appeal or application.]

Textual Amendments

F6 S. 23 substituted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(6), 61(1); S.I. 2008/1864, art. 2

Commencement Information

I7 S. 23 wholly in force; s. 23 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 23 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}