2020 No. 945

Exiting The European Union
Road Traffic

The Motor Vehicles (Compulsory Insurance and Rights Against Insurers) (Amendment) (EU Exit) Regulations 2020

Sift requirements satisfied

Made

Laid before Parliament

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement1

1

These Regulations may be cited as the Motor Vehicles (Compulsory Insurance and Rights Against Insurers) (Amendment) (EU Exit) Regulations 2020.

2

Subject to paragraph (3), these Regulations come into force immediately before IP completion day.

3

Regulation 3 comes into force on IP completion day2.

Amendment of the Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 20192

In regulation 1(4) of the Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 20193, for “exit day” substitute “IP completion day”.

Amendment of the European Communities (Rights Against Insurers) Regulations 20023

In regulation 2(1) of the European Communities (Rights Against Insurers) Regulations 20024, in the definition of “entitled party”, after “a Member State” insert “, the United Kingdom or Gibraltar”.

Signed by authority of the Secretary of State for Transport

Rachel MacleanParliamentary Under Secretary of StateDepartment for Transport
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(c) and 8(2)(g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of compulsory motor insurance. The amendment in regulation 2 changes the cut-off point for the continuation of transitional claims for compensation from the UK Motor Insurers Bureau (the MIB) under an EEA-wide scheme for victims of traffic accidents occurring in other EEA member states (the ‘visiting victims’ scheme). The cut-off point is changed to the end of the transition period, to reflect the fact that the visiting victims scheme continues during the transition period by virtue of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. The amendment in regulation 3 ensures that UK and Gibraltarian residents continue to have the right to issue proceedings against the insurer of the person responsible for an accident in the UK after the end of the transition period.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.