Vehicles (Crime) Act 2001

General E+W

30 Proceedings for offences under Part 2 E+W

[F1 (1)] Proceedings for an offence under this Part shall not be instituted[F2 in England and Wales] except—

(a) by [F3 the Secretary of State,] a local authority or a constable; or

(b) in any other case, with the consent of the Attorney General.

[F4 (2) Proceedings for an offence under this Part shall not be instituted in Northern Ireland except—

(a) by the Secretary of State or a constable; or

(b) in any other case, with the consent of the Advocate General for Northern Ireland.

(3) In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (2)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.]

Textual Amendments

F1 S. 30 renumbered (31.7.2008) as s. 30(1) by Road Safety Act 2006 (c. 49), ss. 46(8), 61(1); S.I. 2008/1864, art. 2

F2 Words in s. 30(1) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(8)(a), 61(1); S.I. 2008/1864, art. 2

F3 Words in s. 30(a) inserted (16.3.2007 for E.W.) by Road Safety Act 2006 (c. 49), ss. 44(3), 61(1); S.I. 2007/466, art. 2(a)

F4 S. 30(2)(3) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(8)(b), 61(1); S.I. 2008/1864, art. 2

Commencement Information

I1 S. 30 wholly in force; s. 30 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. 30 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

31 Interpretation of Part 2 E+W

(1) In this Part, unless the context otherwise requires—

• “the 1994 Act” means the Vehicle Excise and Registration Act 1994 (c.22);

  “carrying on business as a registration plate supplier” has the meaning given by section 17(2);

  “contravene”, in relation to any provision of regulations, includes fail to comply with it;

  “exempt person” means any person who is an exempt person by virtue of regulations made under section 17(3)(b);

  [F5 “ local authority ” means—

  (a)

  in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;

  (b)

  in relation to Wales, a county council or a county borough council;[F6 or

  (c)

  in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; ]]

  “notice” means notice in writing;

  “premises” includes any land or other place (whether or not enclosed);

  “prescribed” means prescribed by regulations made by the Secretary of State;

  “a register” means a register established and maintained under section 18;

  “registered” (and cognate expressions) have the meaning given by section 17(4);

  “registration mark” has the meaning given by section 23(1) of the 1994 Act; and includes a mark indicating the registered number of a vehicle or trailer and assigned to that vehicle or trailer by virtue of regulations under section 22(2) of that Act;

  “registration plate” means a plate or other device which—

  (a)

  displays (whether alone or in conjunction with other information) [F7 in accordance with regulations under paragraph (b) of subsection (4) of section 23 of the 1994 Act a registration mark which complies with regulations under paragraph (a) of that subsection ];

  (b)

  complies with requirements imposed by regulations made under section 27A(1)(a) of the 1994 Act; and

  (c)

  is designed to be fixed to a vehicle or trailer in accordance with regulations made under section 22(2) or 23(3) of that Act; and

• “selling registration plates” is to be construed in accordance with any regulations made under section 17(3)(a).

(2) The reference in section 22(5) to representations being made in writing includes a reference to representations being made in a text which—

F8 (a) is transmitted by means of [F8 an electronic communications network] or by other means but while in an electronic form;

(b) is received in legible form; and

(c) is capable of being used for subsequent reference.

(3) References in this Part to offences under this Part include references to anything which is an offence by virtue of section 24(3) and (4) or 25(2) and (3).

(4) References in this Part to an appeal under section 23 being finally determined or withdrawn include references to the final determination or withdrawal of proceedings by way of case stated which relate to a decision by a magistrates’ court on an appeal under that section.

Textual Amendments

F5 Words in s. 31(1) substituted (16.3.2007 for E.W.) by Road Safety Act 2006 (c. 49), ss. 44(4), 61(1); S.I. 2007/466, art. 2(a)

F6 Words in s. 31(1) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(9), 61(1); S.I. 2008/1864, art. 2

F7 Words in s. 31(1) substituted (30.7.2008 for E.W. with effect as mentioned in arts. 3 and 4 of the commencing S.I.) by Road Safety Act 2006 (c. 49), ss. 45(2), 61(1); S.I. 2008/1862, art. 2

F8 Words in s. 31(2)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 168 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Commencement Information

I2 S. 31 wholly in force; s. 31 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. 31 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}