The Sale of Registration Marks (Amendment) Regulations 1994

Amendment of Schedule 1 to the principal regulations

3.—(1) Schedule 1 to the principal regulations shall be amended as follows.

(2) In paragraph 1(1)–

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

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

(3) In paragraph 2 for the words “section 12 of the Finance Act 1989” there shall be substituted “section 27 of the 1994 Act”.

(4) In paragraph 3 at the end there shall be inserted “or in accordance with paragraph 3A”.

(5) The following paragraph shall be inserted after paragraph 3–

“3A.— (1) At any time before a relevant right is exercised, the Secretary of State may accept an application by the purchaser–

(a) to nominate a person for the purposes of paragraph 2(b) notwithstanding that no person was nominated in accordance with paragraph 3; or

(b) to nominate a different person in place of a person nominated in accordance with paragraph 3 or this paragraph,

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

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

(a) the application was made in writing;

(b) the applicant has submitted the certificate of entitlement relating to the relevant right; and

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

(6) In paragraph 4, the following sub–paragraph shall be inserted after sub–paragraph (4):–

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

(7) In paragraph 6(3), for the words “the 1971 Act” in both places where they occur there shall be substituted “the 1994 Act”.

(8) In paragraph 8(2)(b), for the words “the 1971 Act” there shall be substituted “the 1994 Act”.

(9) In paragraph 10, for the words “section 12(1) of the Finance Act 1976” there shall be substituted “section 25(1) of the 1994 Act”.