- Latest available (Revised)
- Point in Time (13/08/2009)
- Original (As enacted)
Point in time view as at 13/08/2009.
Finance Act 2008, Cross Heading: Amendments of Schedule 2A is up to date with all changes known to be in force on or before 30 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
4U.K.Schedule 2A (immobilisation, removal and disposal of vehicles) is amended as follows.
5(1)Paragraph 1 (immobilisation) is amended as follows.U.K.
(2)In sub-paragraph (1), for “on a public road” substitute “ in any place other than a place to which this Schedule does not apply ”.
(3)After that sub-paragraph insert—
“(1A)This Schedule does not apply to—
(a)any place which is within the curtilage of, or in the vicinity of, a dwelling-house, mobile home or houseboat and which is normally enjoyed with it, or
(b)any place which is within the curtilage of, or in the vicinity of, a building consisting entirely (apart from common parts) of two or more dwellings and which is normally enjoyed only by the occupiers of one or more of those dwellings.”
(4)In sub-paragraph (2)—
(a)after “direction may” insert “ enter the place and ”, and
(b)omit “on the same or another public road”.
(5)For sub-paragraph (6) substitute—
“(6)The second requirement is that—
(a)evidence that no offence under section 29(1) was being committed when the immobilisation device was fixed or the vehicle moved is produced in accordance with instructions specified in the immobilisation notice,
(b)such sum as may be prescribed is paid in any manner specified in the immobilisation notice, or
(c)any other prescribed conditions are fulfilled.
(6A)The conditions prescribed under sub-paragraph (6)(c) may include a condition that any of the following declarations is made—
(a)a declaration that an appropriate licence was in force for the vehicle at the time when the immobilisation device was fixed or the vehicle moved,
(b)(unless the vehicle was stationary on a public road) a declaration that a relevant declaration was in force for the vehicle at that time, or
(c)a declaration that at that time the vehicle was an exempt vehicle which was not one in respect of which regulations under this Act require a nil licence to be in force.”
(6)Insert at the end—
“(9)In sub-paragraph (6A)(a) “appropriate licence”, in relation to a vehicle, means—
(a)a vehicle licence,
(b)a trade licence which entitled the holder to keep the vehicle where it was stationary, or
(c)a nil licence.
(10)For the purposes of sub-paragraph (6A)(b)—
(a)“relevant declaration” means the declaration required to be made by regulations under section 22(1D), and
(b)a relevant declaration is in force for a vehicle if the vehicle is neither used nor kept on a public road (except under a trade licence) and the declaration has been made, and the particulars required to be furnished by regulations under section 22(1D) have been furnished, in relation to the vehicle in accordance within the regulations within the immediately preceding period of 12 months.”
6U.K.In paragraph 2(4) (offences connected with immobilisation), for paragraphs (a) and (b) substitute—
“(a)a person makes a declaration described in paragraph 1(6A)(a), (b) or (c) with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations, and”.
7(1)Paragraph 3 (removal and disposal of vehicles) is amended as follows.U.K.
(2)In sub-paragraph (1)(a)(i), for “on a public road” substitute “ in any place other than a place to which this Schedule does not apply ”.
(3)In sub-paragraph (2), after “direction, may” insert “ enter the place and ”.
(4)In sub-paragraph (7), for paragraphs (c) and (d) substitute—
“(c)the production of evidence that no offence under section 29(1) was committed;
(d)payment of a prescribed sum where such evidence is not produced;
(e)the making of a declaration described in paragraph 1(6A)(a), (b) or (c).”
8U.K.In paragraph 4(1) (offences as to securing possession of vehicles), for paragraphs (a) and (b) substitute—
“(a)a person makes a declaration described in paragraph 1(6A)(a), (b) or (c) with a view to securing possession of a vehicle purported to have been delivered into the custody of a person in accordance with provision made under paragraph 3, and”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: