The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2010

Statutory Instruments

2010 No. 1092

Road Traffic

The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2010

Made

29th March 2010

Laid before Parliament

31st March 2010

Coming into force

30th April 2010

The Secretary of State for Transport, in exercise of the powers conferred by section 22(1)(c) and section 57(1), (2) and (3) of the Vehicle Excise and Registration Act 1994(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2010 and come into force on 30th April 2010.

Amendment of Regulations

2.—(1) Regulation 27 (disclosure of registration and licensing particulars) of the Road Vehicles (Registration and Licensing) Regulations 2002(2) is amended as follows.

(2) After paragraph (1)(a) insert—

“(aa) by the Department for Regional Development(3) for any purpose connected with—

(i) the investigation of a contravention to which Schedule 1 to the Traffic Management (Northern Ireland) Order 2005(4) (contraventions subject to penalty charges) applies; or

(ii) the exercise of the Department’s powers under Article 18(1)(b) or 21(1)(b) of that Order(5) (immobilisation or removal of vehicles);”.

(3) At the end of paragraph (1)(d) omit “or”.

(4) After paragraph (1)(d) insert—

“(da) on or after 30th April 2010 or the date of coming into force of section 144A of the 1988 Act (whichever is later), by the Motor Insurers’ Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929(6)) for any purpose connected with the exercise of any of the functions of the Secretary of State relating to the enforcement of an offence under section 144A of the 1988 Act(7); or”.

Signed by authority of the Secretary of State

Paul Clark

Parliamentary Under Secretary of State

Department for Transport

29th March 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002, which allows the Secretary of State to make available, for certain purposes, vehicle registration and licensing particulars kept on the vehicle register pursuant to section 21 of the Vehicle Excise and Registration Act 1994. The effect of the amendments is to permit disclosure of particulars to additional bodies for the purposes specified.

Regulation 2(2) enables the Secretary of State to make particulars available to the Department for Regional Development, a Northern Ireland Department, for purposes connected with its functions under specified provisions of the Traffic Management (Northern Ireland) Order 2005.

Regulation 2(4) enables the Secretary of State to make particulars available to the Motor Insurers’ Bureau. This is regarding the enforcement, by the Secretary of State, of the offence of keeping a vehicle which does not meet the insurance requirements under section 144A of the Road Traffic Act 1988 and regulation 2(4) allows particulars to be disclosed to the Motor Insurers’ Bureau for a purpose related to such enforcement when that section is in force.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1994 c. 22.

(2)

S.I. 2002/2742, relevant amending instruments are S.I. 2003/2154 and S.I. 2008/2849.

(3)

The Department for Regional Development was established by Article 3(1)(d) of S.I. 1999/283 (N.I. 1).

(4)

S.I. 2005/1964 (N.I. 14), as amended by regulation 2 of S.R. (NI) 2008 No 78 and paragraph 13 of Schedule 2 to the Taxis Act (Northern Ireland) 2008, c. 4 (N.I.).

(5)

A condition has been prescribed for the purposes of these provisions by S.R. (NI) 2006 No 479.

(6)

1929 c. 23.

(7)

Section 144A of the Road Traffic Act 1988 (c. 52) is inserted by section 22 of the Road Safety Act 2006 (c. 49) from a date to be appointed.