The Retention of Registration Marks (Amendment) Regulations 1994

Amendment of Retention of Registration Marks Regulations 1992

2.—(1) The Retention of Registration Marks Regulations 1992(1) shall be amended as follows.

(2) In regulation 2(1)–

(a) the definition of “the 1971 Act” shall be omitted;

(b) after the definition of “the 1988 Act” there shall be inserted ““the 1994 Act” means the Vehicle Excise and Registration Act 1994;”; and

(c) in the definition of “the G.B. records” for the words “the 1971 Act” there shall be substituted “the 1994 Act”.

(3) In regulation 3(1)(b) after the words “the right” there shall be inserted “or in accordance with regulation 6A”.

(4) In regulation 4 for the words “the 1971 Act” in both places where they occur there shall be substituted “the 1994 Act”.

(5) The following regulation shall be inserted after regulation 6–

“Nominations

6A.— (1) At any time before a right of retention is exercised, the Secretary of State may accept an application by the grantee–

(a) to make a nomination for the purposes of regulation 3(1)(b) notwithstand– ing that no person was nominated in the application for the grant of the right; or

(b) to nominate a different person for the purposes of regulation 3(1)(b) in place of a person already nominated in the application for the grant of the right or under sub–paragraph (a) above,

if the conditions specified in paragraph (2) are fulfilled in relation to the application.

(2) The conditions referred to in paragraph (1) are that–

(a) the application was made in writing;

(b) the applicant has submitted to the Secretary of State the retention document relating to the right of retention; and

(c) an application fee of £25 accompanied the application.”

(6) Regulation 7 shall be renumbered as paragraph (1) of regulation 7 and after that provision as so renumbered the following paragraph shall be inserted as paragraph (2) of regulation 7–

“(2) If, after the issue of a retention document, the Secretary of State accepts an application under regulation 6A for the nomination a person for the purposes of regulation 3(1)(b), he shall issue to the purchaser a new retention document which records the name of the person nominated in pursuance of the application.”

(7) In regulation 10 for the words “the 1971 Act” there shall be substituted “the 1994 Act”.

(8) In regulation 12 for the words “the 1971 Act” in both places where they occur there shall be substituted “the 1994 Act”.

(9) In regulation 14 for the words “section 12(1) of the Finance Act 1976” there shall be substituted “section 25(1) of the 1994 Act”.

(1)

S.I. 1992/510, amended by S.I. 1993/988.