SCHEDULES

SCHEDULE 4 Transitionals etc

Trade licences

8

(1)

On and after such day as the Secretary of State may by order appoint this Act shall have effect as if for section 13 there were substituted—

“13 Trade licences: duration and amount of duty.

(1)

A trade licence may be taken out—

(a)

for a period of twelve months, or

(b)

for a period of six months.

(2)

A trade licence taken out by a person who is not a motor trader or vehicle tester (having satisfied the Secretary of State as mentioned in section 11(1)(b)) may be taken out only for a period of six months.

(3)

The Secretary of State may require that a trade licence taken out by a motor trader or vehicle tester who does not hold an existing trade licence may be taken out only for a period of six months.

(4)

The rate of duty applicable to a trade licence taken out for a period of twelve months F1(“the applicable annual rate”) is—

(a)

the annual rate currently applicable to a vehicle under sub-paragraph F2(1)(d) of paragraph 2 of Schedule 1 if the licence is to be used only for vehicles to which that paragraph applies, and

(b)

otherwise, the F3basic goods vehicle rate currently applicable.

F4(4A)

Where a trade licence is taken out for a period of 12 months and the duty is to be paid by more than one instalment pursuant to an agreement under section 19B, the rate of duty is 105% of the applicable annual rate.

F5(5)

The rate of duty applicable to a trade licence taken out for a period of 6 months is—

(a)

55% of the applicable annual rate for a corresponding trade licence taken out for 12 months, or

(b)

if the duty is to be paid by direct debit pursuant to an agreement under section 19B, 52.5% of that applicable annual rate.

(6)

In determining a rate of duty under F6subsection (4A) or (5) any fraction of five pence—

(a)

if it exceeds two and a half pence, shall be treated as five pence, and

(b)

otherwise, shall be disregarded.

F7(7)

In this section “the basic goods vehicle rate” means the annual rate applicable, by virtue of sub-paragraph (1) of paragraph 9 of Schedule 1, to a rigid goods vehicle which—

F8(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

falls within column (3) of the table in that sub-paragraph and has a revenue weight exceeding 3,500 kilograms and not exceeding 7,500 kilograms.”

(2)

An order under sub-paragraph (1) may appoint different days for different cases.

(3)

A licence in force when such an order substitutes for section 13 the provisions set out in sub-paragraph (1) is not affected by that substitution.

F9(4)

In cases in which the provisions set out in sub-paragraph (1) have effect, sections 35A(8) and 36(7) are to be read as referring to section 13(4A) instead of section 13(3A).