The Road Vehicles (Registration and Licensing) (Amendment) Regulations (Northern Ireland) 1995

Statutory Instruments

1995 No. 1471

ROAD TRAFFIC

NORTHERN IRELAND

The Road Vehicles (Registration and Licensing) (Amendment) Regulations (Northern Ireland) 1995

Made

7th June 1995

Laid before Parliament

8th June 1995

Coming into force

1st July 1995

The Secretary of State for Transport, in exercise of the powers conferred by sections 22(1)(e), (2) and (3) and 57(1), (2), (3) and (5) of, and paragraph 7(7) of Schedule 4 to, the Vehicle Excise and Registration Act 1994(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations (Northern Ireland) 1995 and shall come into force on 1st July 1995.

Amendment of the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973

2.  The Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973(2) shall have effect with the amendments specified in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

7th June 1995

Regulation 2

THE SCHEDULE AMENDMENTS OF THE ROAD VEHICLES (REGISTRATION AND LICENSING) REGULATIONS (NORTHERN IRELAND) 1973

1.  In regulation 3 the definition of “prescribed form” shall be omitted.

2.  Regulation 4 shall be omitted.

3.  In regulation 9(1), for the words “the declaration furnished in respect of the vehicle” there shall be substituted “the particulars furnished in respect of the vehicle when a vehicle licence was last applied for”.

4.  In regulation 11, the words “other than an alteration of the nature referred to in Regulation 12,” shall be omitted.

5.  Regulation 12 shall be omitted.

6.  In regulation 24, for the words “Regulations 25, 26 and 27” there shall be substituted “Regulations 25 and 27”.

7.  In regulation 25—

(a) in paragraph (1)—

(i) after the words “registered under” there shall be inserted “the Vehicle Excise and Registration Act 1994, the Vehicles (Excise) Act 1971(3),”;

(ii) for the words “make a declaration as if, subject to the provisions of the next following paragraph,” there shall be substituted “make to the Secretary of State such declaration and furnish the Secretary of State with such particulars in respect of the vehicle as would be required by virtue of section 7(1) of the Vehicle Excise and Registration Act 1994(4) if ”;

(b) paragraph (2) shall be omitted; and

(c) in paragraph (3), after the word “declaration” there shall be inserted “and particulars”.

8.  Regulation 26 shall be omitted.

9.  In regulation 27, the following paragraphs shall be substituted for paragraphs (1) and (2)—

“(1) This Regulation applies to any mechanically propelled vehicle which is an exempt vehicle other than a vehicle falling within paragraph 3 (vehicles not for carriage) of Schedule 2 to the Vehicle Excise and Registration Act 1994.

(2) Subject to paragraph (2A) below, the owner of a vehicle to which this Regulation applies shall annually make such declaration and furnish such particulars as would be required by virtue of section 7 of the Vehicle Excise and Registration Act 1994 if he desired to take out a vehicle licence for the vehicle.

(2A) In the case of a vehicle falling within—

(a) paragraph 19 of Schedule 2, or

(b) paragraph 7 of Schedule 4,

• to the Vehicle Excise and Registration Act 1994, the owner shall in addition furnish a certificate issued by the Department of Health and Social Services which is in such form and contains such particulars as the Secretary of State may specify.”

10.  Regulation 29 shall be omitted.

11.  Regulation 44 shall be omitted.

12.  Regulation 46 shall be omitted.

13.  Schedule 4 shall be omitted.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973. Section 7 of the Vehicle Excise and Registration Act 1994 was amended by the Finance Act 1995 so that the form of the declaration which must be made and the particulars which must be furnished when a vehicle licence is taken out are to be specified by the Secretary of State instead of prescribed by regulations. In consequence of this, regulation 4 and Schedule 4 are revoked as spent and amendments are made to other regulations. Regulation 26 which made special provision as to the identification of certain types of exempt vehicle, is revoked and regulation 27 now applies to all exempt vehicles except pedestrian controlled vehicles. Regulations 12 (applications for new licence where vehicle becomes chargeable to duty at a higher rate), 29 (applications for trade licences), 44 (horse-power) and 46 (unladen weight) are revoked as spent.

(1)

1994 c. 22.

(2)

S.R. & O. (N.I.) 1973, No. 490. Relevant amending instruments are S.I. 1978/1541, 1988/1130 and 1990/2186.

(3)

1971 c. 10. The Act was extended to Northern Ireland by section 10 of the Finance Act 1991 (c. 31) and repealed by Schedule 5 to the Vehicle Excise and Registration Act 1994 (c. 22).

(4)

Section 7 was amended by the Finance Act 1995 (c. 4), Schedule 4, paragraph 30(1).