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- Point in Time (31/12/2020)
- Original (As enacted)
Point in time view as at 31/12/2020.
Vehicle Excise and Registration Act 1994, Section 7 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Every person applying for a vehicle licence shall—
(a)make [F1any such] a declaration, and
(b)furnish [F2any] such particulars [F3and 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 [F4specified] by the Secretary of State.
(2)The declarations [F5, particulars and evidence] which may be so [F6specified] include, in relation to a person applying for a licence for a goods vehicle [F7or a special vehicle], a declaration as to, [F8particulars of and evidence in relation to], any of the matters specified in subsection (3) as to which the Secretary of State may require information with a view to an alteration in the basis on which vehicle excise duty is chargeable in respect of goods vehicles [F9or, as the case may be, special vehicles].
(3)The matters referred to in subsection (2) are—
(a)the construction of the vehicle,
[F10(b)the vehicle’s revenue weight,
(ba)the place where the vehicle has been or is normally kept, and]
(c)the use to which the vehicle has been or is likely to be put.
[F11(3A)A person applying for a licence shall not be required to make a declaration specified for the purposes of subsection (1)(a) if he agrees to comply with such conditions as may be specified in relation to him by the Secretary of State.
F11(3B)The conditions which may be specified under subsection (3A) include
[F12(a)] a condition that particulars for the time being specified for the purposes of subsection (1)(b) are furnished by being transmitted to the Secretary of State by such electronic means as he may specify [F13; and
F13(b)a condition requiring such payments as may be specified by the Secretary of State to be made to him in respect of—
(i)steps taken by him for facilitating compliance by any person with any condition falling within paragraph (a); and
(ii)in such circumstances as may be so specified, the processing of applications for vehicle licences where particulars are transmitted in accordance with that paragraph.]]
[F14(4)A vehicle licence is issued for the vehicle specified in the application for the licence (and for no other).]
(5)The Secretary of State is not required to issue a vehicle licence for which an application is made unless he is satisfied—
(a)that the licence applied for is the appropriate licence for the vehicle specified in the application, and
(b)in the case of an application for a licence for a vehicle purporting to be the first application for a licence for the vehicle, that a licence has not previously been issued for the vehicle.
[F15(5A)The Secretary of State is not required to issue a vehicle licence for a heavy goods vehicle if not satisfied that the appropriate HGV road user levy has been paid.]
[F16(5B)The Secretary of State may not issue a vehicle licence in respect of a vehicle—
(a)completed before IP completion day,
(b)which is to be, or is normally, kept at a place in Great Britain, and
(c)in respect of which there is an EC certificate of conformity issued in reliance on a relevant European approval granted by or on the authority of an EU State,
unless the vehicle satisfies one of the conditions in subsection (5C).
(5C)The conditions are—
(a)the vehicle is qualifying Northern Ireland goods;
(b)the vehicle was in the United Kingdom immediately before IP completion day;
(c)a relevant UK certificate has effect with respect to the vehicle.
(5D)The Secretary of State may not issue a vehicle licence in respect of a vehicle which—
(a)is completed on or after IP completion day, and
(b)is to be kept, or is normally kept, at a place in Great Britain,
unless the vehicle satisfies one of the conditions in subsection (5E).
(5E)The conditions are—
(a)the vehicle is qualifying Northern Ireland goods in respect of which there is an EC certificate of conformity issued in reliance on a relevant European approval granted by or on the authority of an EU State;
(b)a relevant UK certificate has effect with respect to the vehicle.
(5F)The Secretary of State may not issue a vehicle licence in respect of a vehicle—
(a)completed before IP completion day, and
(b)which is to be, or is normally, kept at a place in Northern Ireland,
unless the vehicle satisfies one of the conditions in subsection (5G).
(5G)The conditions are—
(a)an EC certificate of conformity issued in reliance on a relevant European approval granted by or on the authority of an EU State has effect in respect of the vehicle;
(b)the vehicle was in the United Kingdom immediately before IP completion day and a relevant UK certificate issued before that day has effect with respect to it.
(5H)The Secretary of State may not issue a vehicle licence in respect of a vehicle—
(a)which is completed on or after IP completion day, and
(b)which is, or is to be, kept at a place in Northern Ireland,
unless the vehicle satisfies one of the conditions in subsection (5I).
(5I)The conditions are—
(a)an EC certificate of conformity issued in reliance on a relevant European approval granted by or on the authority of an EU State has effect in respect of the vehicle;
(b)a relevant Northern Ireland certificate has effect in respect of the vehicle.]
F17(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the appropriate HGV road user levy”, in relation to a vehicle licence, means the HGV road user levy charged for the period for which the licence would have effect;
[F20“EC certificate of conformity” has the meaning given in section 85 of the Road Traffic Act 1988;
“EU State” means—
in relation to the period before IP completion day, a member State other than the United Kingdom, and
in relation to the period on or after IP completion day, a member State;]
“heavy goods vehicle” has the same meaning as in the HGV Road User Levy Act 2013;
[F20“qualifying Northern Ireland goods” has the meaning given by regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;
“relevant European approval” has the meaning given in section 55(1C) of the Road Traffic Act 1988;
“relevant Northern Ireland certificate” means—
a certificate issued pursuant to regulation 16(7) or 18(10) of the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), as they apply in and in relation to Northern Ireland,
a certificate of conformity issued under Article 31A(3) of the Road Traffic (Northern Ireland) Order 1981,
a Department’s approval certificate issued under Article 31A(4) or (5) of that Order, or
an EC certificate of conformity issued in reliance on a valid relevant European approval granted by or on the authority of the Secretary of State in relation to Northern Ireland;
“relevant UK certificate” means—
a certificate of conformity issued under section 57 of the Road Traffic Act 1988,
a Minister's approval certificate issued under section 58 of that Act,
a certificate issued pursuant to regulation 25(10) or 27(10) of the Road Vehicles (Approval) Regulations 2009 (S.I. 2009/717),
a certificate issued pursuant to regulation 16(7) or 18(10) of the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818),
a certificate of conformity issued under Article 31A(3) of the Road Traffic (Northern Ireland) Order 1981,
a Department's approval certificate issued under Article 31A(4) or (5) of that Order, or
an EC certificate of conformity which was issued otherwise than in reliance on a valid relevant European approval granted by or on the authority of an EU State;]
“special vehicle”] has the same meaning as in paragraph 4 of Schedule 1.]
Textual Amendments
F1Words in s. 7(1)(a) substituted (17.9.2002) by 2001 c. 3, Pt. 3, ss. 32(1)(a), 44; S.I. 2002/2377, art. 2(a)
F2Word in s. 7(1)(b) inserted (17.9.2002) by 2001 c. 3, Pt. 3, ss. 32(1)(b)(i), 44; S.I. 2002/2377, art. 2(a)
F3Words in s. 7(1)(b) inserted (17.9.2002) by 2001 c. 3, Pt. 3, ss. 32(1)(b)(ii), 44; S.I. 2002/2377, art. 2(a)
F4Words in s. 7(1) substituted (1.5.1995 with effect as mentioned in Sch. 4 Pt. V para. 30(3) of the amending Act) by 1995 c. 4, s. 19, Sch. 4 Pt. V para. 30(1)(a)(3)
F5Words in s. 7(2) substituted (17.9.2002) by 2001 c. 3, Pt. 4, ss. 43, 44, Sch. para. 3(a); S.I. 2002/2377, art. 2(c)
F6Word in s. 7(2) substituted (1.5.1995 with effect as mentioned in Sch. 4 Pt. V para. 30(3) of the amending Act) by 1995 c. 4, 19, Sch. 4 Pt. V para. 30(1)(b)(3)
F7Words in s. 7(2) inserted (29.4.1996 with effect as mentioned in s. 17(14) of the amending Act) by 1996 c. 8, s. 17(9)(a)(14)
F8Words in s. 7(2) substituted (17.9.2002) by 2001 c. 3, Pt. 4, ss. 43, 44, Sch. para. 3(b); S.I. 2002/2377, art. 2(c)
F9Words in s. 7(2) inserted (29.4.1996 with effect as mentioned in s. 17(14) of the amending Act) by 1996 c. 8, s. 17(9)(b)(14)
F10S. 7(3)(b)(ba) substituted (1.5.1995 with effect as mentioned in Sch. 4 Pt. IV para. 29 of the amending Act) for s. 7(3)(b) by 1995 c. 4, s. 19, Sch. 4 Pt. IV paras. 18, 29
F11S. 7(3A)(3B) inserted (29.4.1996 with effect as mentioned in Sch. 2 para. 2(3) of the amending Act) by 1996 c. 8, s. 23, Sch. 2 para. 2(1)-(3)
F12Word in s. 7(3B) inserted (31.7.1997 with effect as mentioned in s. 14(2) of the amending Act) by 1997 c. 58, s. 14(1)(2) (with s. 3(3))
F13S. 7(3B)(b)(i)(ii) and preceding “;and” inserted (31.7.1997 with effect as mentioned in s. 14(2) of the amending Act) by 1997 c. 58, s. 14(1)(2) (with s. 3(3))
F14S. 7(4) substituted (30.11.2003) by Finance Act 2002 (c. 23), s. 19, Sch. 5 para. 4; S.I. 2003/3086, art. 2(b)
F15S. 7(5A) inserted (1.4.2014) by HGV Road User Levy Act 2013 (c. 7), ss. 15(1), 21(1); S.I. 2014/797, art. 2
F16S. 7(5B)-(5I) inserted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by S.I. 2019/648, reg. 3(2)(a) (with reg. 11) (as substituted by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1393), regs. 1(2), 2(3)(a)(i) (with reg. 2(12)))
F17S. 7(6)(7) omitted (1.10.2014) by virtue of Finance Act 2014 (c. 26), Sch. 19 paras. 2, 22
F18S. 7(8) inserted (29.4.1996 with effect as mentioned in s. 17(14) of the amending Act) by 1996 c. 8, s. 17(10)(14)
F19Words in s. 7(8) substituted (1.4.2014) by HGV Road User Levy Act 2013 (c. 7), ss. 15(2), 21(1); S.I. 2014/797, art. 2
F20Words in s. 7(8) inserted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648), regs. 1(b)(ii), 3(2)(b) (with reg. 11) (as amended by S.I. 2020/1393, regs. 1(2), 2(3) and S.I. 2020/818, Sch. 6 para. 39(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1S. 7(1) extended (S.) (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 51(1), 126(2)
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