The Motor Vehicles (Exemption from Vehicles Excise Duty) Order 1985

Statutory Instruments

1985 No. 722

ROAD TRAFFIC

The Motor Vehicles (Exemption From Vehicles Excise Duty) Order 1985

Made

8th May 1985

Coming into force in accordance with Article 4

The Secretary of State for Transport, in exercise of the power conferred by section 7(2A) and (2B) of the Vehicles (Excise) Act 1971(1) hereby makes the following Order:—

1.  This Order may be cited as the Motor Vehicles (Exemption from Vehicles Excise Duty) Order 1985.

2.  In this Order

“army inter-war pensioners” means former members of Her Majesty's military forces in receipt of a disability pension paid by the Secretary of State for Defence on account of disability attributable to injury sustained after 30th September 1921 but before 3rd September 1939.

3.  The following payments are hereby specified pursuant to section 7(2A) of the Vehicles (Excise) Act 1971 as payments included within the meaning of the expression ‘mobility supplement’ for the purposes of section 7(2) of the Vehicles (Excise) Act 1971, being payments appearing to the Secretary of State to be of a similar kind to those specified in paragraphs (a) and (b) of the said section 7(2A):

(1)

mobility supplement paid under the Naval and Marine Pay and Pensions (Disablement Awards) Order 1984 or under the Naval and Marine Pay and Pensions (Disablement Awards) (No. 2) Order 1984;

(2)

mobility supplement paid under Queen's Regulations for the Royal Air Force; and

(3)

supplementary allowance paid under Royal Warrant dated 30th December 1949 to army inter-war pensioners equivalent to the mobility supplement provided for by Article 26A of the Naval Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(2).

4.  This Order is deemed to have come into force on 21st November 1983.

Nicholas Ridley

Secretary of State for Transport

8th May 1985

EXPLANATORY NOTE

Under section 7(2) of the Vehicles (Excise) Act 1971 exemption from vehicle excise duty is granted in respect of vehicles used by certain categories of disabled persons including those in receipt of a mobility supplement payable under certain statutory provisions. Section 7(2A) of that 1971 Act empowers the Secretary of State to add to the categories of payment included within the expression “mobility supplement” by specifying any payment appearing to him to be of a similar kind.

This Order so specifies certain payments to former members of the armed services disabled prior to 3rd September 1939, and thus brings them within the scope of the exemption. It does so with effect from 21st November 1983.

The Naval and Marine Pay and Pensions (Disablement Awards) Order 1984, its amending instrument the Naval and Marine Pay and Pensions (Disablement Awards) (Amendment) Order 1984 and the Naval and Marine Pay and Pensions (Disablement Awards) (No. 2) Order 1984 are Orders in Council made under section 11 of the Naval and Marine Pay and Pensions Act 1865; they are not published. Queen's Regulations for the Royal Air Force 4th Edition 1971 is published by HMSO. The Royal Warrant dated 30th December 1949 (as amended) is not published.

(1)

subsections (2A) and (2B) of section 7 were inserted by section 5(3) of the Finance Act 1984 (c. 43).

(2)

, as amended by S.I. 1983/1116, 1521, 1984/1154 and 1687.