Vehicle Excise and Registration Act 1994 (c. 22)

(The document as of February, 2008)

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(a) an examination under regulations under section 49 of the [1988 c. 52.] Road Traffic Act 1988 (examination as to a goods vehicle's compliance with construction and use requirements),

(b) an examination for the purposes of sections 54 to 58 of that Act (examination as to a goods vehicle's compliance with type approval requirements),

(d) an examination under regulations under section 61(2)(a) of that Act (examinations in connection with alterations to goods vehicles subject to type approval requirements).

(6) In this paragraph"compulsory test" means, as respects Northern Ireland--

(a) an examination to obtain a vehicle test certificate under Article 33 of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981 without which a vehicle licence cannot be obtained for the vehicle, or

(b) an examination to obtain a goods vehicle certificate, public service vehicle licence or certificate of inspection under Article 53, 60(1) or 67 of that Order.

(7) In this paragraph"authorised person" means--

(a) in the case of an examination within sub-paragraph (4)(b), a person who is, or is acting on behalf of, an examiner or inspector entitled to carry out such an examination or a person acting under the personal direction of such a person,

(b) in the case of an examination within sub-paragraph (5), an examiner appointed under section 66A of the Road Traffic Act 1988, a person carrying out the examination under the direction of such an examiner or a person driving the vehicle in accordance with a requirement to do so under the regulations under which the examination is carried out, and

(c) in the case of an examination within sub-paragraph (6), an inspector of vehicles within the meaning of Article 2(2) of the Road Traffic (Northern Ireland) Order 1981.

(8) In this paragraph"the relevant certificate" means, as respects England and Wales and Scotland--

(a) a test certificate (as defined in section 45(2) of the Road Traffic Act 1988),

(b) a goods vehicle test certificate (as defined in section 49 of that Act), or

(9) In this paragraph"the relevant certificate" means, as respects Northern Ireland--

(a) a vehicle test certificate, a goods vehicle certificate or a public service vehicle licence (within the meaning of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981),

(b) a certificate of inspection (within the meaning of Article 67(2) of that Order), or

(10) In this paragraph"relevant work" means--

(a) where the relevant certificate which is refused is a test certificate (or, in Northern Ireland, a vehicle test certificate), work done or to be done to remedy for a further compulsory test the defects on the ground of which the relevant certificate was refused, and

(b) in any other case, work done or to be done to remedy the defects on the ground of which the relevant certificate was refused (including work to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the relevant certificate was refused).

Vehicles for export

23 (1) A vehicle is an exempt vehicle if--

(a) it has been supplied to the person keeping it by a taxable person within the meaning of section 2C of the [1983 c. 55.] Value Added Tax Act 1983, and

(b) the supply has been zero-rated under subsection (7) of section 16 of that Act.

(2) If at any time the value added tax that would have been chargeable on the supply but for the zero-rating becomes payable under subsection (9) of that section (or would have become payable but for any authorisation or waiver under that subsection), the vehicle is deemed never to have been an exempt vehicle under sub-paragraph (1).

Vehicles imported by members of foreign armed forces etc.

24 The Secretary of State may by regulations provide that, in such cases, subject to such conditions and for such period as may be prescribed by the regulations, a vehicle is an exempt vehicle if it has been imported by--

(a) a person for the time being appointed to serve with any body, contingent or detachment of the forces of any country prescribed by the regulations which is for the time being present in the United Kingdom on the invitation of Her Majesty's Government in the United Kingdom,

(b) a member of any country's military forces, except Her Majesty's United Kingdom forces, who is for the time being appointed to serve in the United Kingdom under the orders of any organisation so prescribed,

(c) a person for the time being recognised by the Secretary of State as a member of a civilian component of a force within sub-paragraph (a) or as a civilian member of an organisation within sub-paragraph (b), or

(d) any dependant of a description so prescribed of a person within sub-paragraph (a), (b) or (c).

Section 63.

SCHEDULE 3 Consequential amendments

The Scrap Metal Dealers Act 1964 (c. 69)

1 In section 9(6) of the Scrap Metal Dealers Act 1964, for the words from "provisions of" to "as to" substitute "provisions of the Vehicle Excise and Registration Act 1994 as to".

The Finance Act 1966 (c. 18)

2 In section 2(13)(a) of the Finance Act 1966--

(a) for the words from the beginning to "the Treasury may" substitute "notwithstanding anything in section 6(6) of the Vehicle Excise and Registration Act 1994 (vehicle excise duty to be paid into the Consolidated Fund), the Treasury may",

(b) for the words "the duties levied under that Act" substitute "the vehicle excise duty levied", and

The Wireless Telegraphy Act 1967 (c. 72)

3 In section 8 of the Wireless Telegraphy Act 1967--

(a) in subsection (1)--

(i) for the words from "regulations under" to "as" substitute "regulations under the Vehicle Excise and Registration Act 1994 as", and

(ii) for the words from "the said" to "where" substitute "the Vehicle Excise and Registration Act 1994 where", and

(b) in subsection (3), for the words from "contained" to the end substitute "contained in the Vehicle Excise and Registration Act 1994".

The Port of London Act 1968 (c. xxxii)

4 In section 199(3) and (5) of the Port of London Act 1968, in the proviso, for the words from "the Vehicles" to the end of paragraph (a) substitute " the Vehicle Excise and Registration Act 1994, in respect of a motor vehicle--

(a) under paragraph 21 of Schedule 2 to that Act; " .

The Road Traffic (Foreign Vehicles) Act 1972 (c. 27)

5 In section 7(4) of the Road Traffic (Foreign Vehicles) Act 1972, for the words from "issued" to "shall" substitute "issued under the Vehicle Excise and Registration Act 1994 shall".

The Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14))

6 In Article 30(2)(c) of the Health and Personal Social Services (Northern Ireland) Order 1972, for the words "the Vehicles (Excise) Act (Northern Ireland) 1972" substitute "the Vehicle Excise and Registration Act 1994".

The Control of Pollution Act 1974 (c. 40)

7 In section 73(1) of the Control of Pollution Act 1974, in the definition of "person responsible", for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

The International Road Haulage Permits Act 1975 (c. 46)

8 In section 1(6) of the International Road Haulage Permits Act 1975, for the words from "issued" to "shall" substitute "issued under the Vehicle Excise and Registration Act 1994 shall".

The International Carriage of Perishable Foodstuffs Act 1976 (c. 58)

9 In section 19(4) of the International Carriage of Perishable Foodstuffs Act 1976, for the words from "issued" to "shall" substitute "issued under the Vehicle Excise and Registration Act 1994 shall".

The National Health Service Act 1977 (c. 49)

10 In sections 23(4) and 27(5) of, and paragraph 1(c) of Schedule 2 to, the National Health Service Act 1977, for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

The Criminal Damage (Compensation) (Northern Ireland) Order 1977 (S.I. 1977/1247 (N.I.14))

11 In Article 9(1)(c) of the Criminal Damage (Compensation) (Northern Ireland) Order 1977, for the words "the Vehicles (Excise) Act 1971 or the Vehicles (Excise) Act (Northern Ireland) 1972" substitute "the Vehicle Excise and Registration Act 1994".

The Refuse Disposal (Amenity) Act 1978 (c. 3)

12 In section 11(1) of the Refuse Disposal (Amenity) Act 1978, in the definition of "licence", for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

The National Health Service (Scotland) Act 1978 (c. 29)

13 In sections 15(3) and 16(2) of the National Health Service (Scotland) Act 1978, for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

The Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I.19))

14 In Article 36(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978, in the definition of"licence"--

(a) for the words "the Vehicles (Excise) Act (Northern Ireland) 1972" substitute "the Vehicle Excise and Registration Act 1994", and

(b) for the words "than Northern Ireland" substitute "than the United Kingdom".

The Customs and Excise Management Act 1979 (c. 2)

15 In section 102(3)(aa) of the Customs and Excise Management Act 1979, for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

The Hydrocarbon Oil Duties Act 1979 (c. 5)

16 In Schedule 1 to the Hydrocarbon Oil Duties Act 1979--

(a) in paragraph 1, for the words "vehicle excise licence" substitute "licence under the Vehicle Excise and Registration Act 1994",

(b) in paragraph 2, for sub-paragraphs (a) to (c) substitute--

" (a) any vehicle exempted from vehicle excise duty by--

(i) paragraph 12 (road construction vehicles),

(ii) paragraph 13 (road rollers),

(iii) paragraph 14 (snow ploughs etc.),

(iv) paragraph 15 (gritting vehicles), or

(v) paragraph 21 (vehicles used for short journeys between different parts of a person's land),

of Schedule 2 to the Vehicle Excise and Registration Act 1994, and

(b) any vehicle in relation to which the annual rate of vehicle excise duty is that specified in Part IV of Schedule 1 to that Act (special machines). " , and

" 4 vehicle in respect of which there is current a certificate or document in the form of a licence issued under regulations under section 22(2) of the Vehicle Excise and Registration Act 1994 shall be treated for the purposes of this Schedule as a vehicle in respect of which a licence under that Act is in force. "

The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I.1))

17 (1) In Articles 29(2), 31D(3), 34(6), 188(1) and 198(1)(f) of the Road Traffic (Northern Ireland) Order 1981, for the words "the Vehicles (Excise) Act (Northern Ireland) 1972" substitute "the Vehicle Excise and Registration Act 1994".

(2) In Article 34 of that Order--

(a) in paragraph (2)(a), for the words from "under" to "1920" substitute "under the Vehicle Excise and Registration Act 1994 or any corresponding earlier legislation",

(b) in paragraph (2)(b), for the words "registered under" onwards substitute "so registered", and

(i) for the words "section 20 of the Vehicles (Excise) Act 1971" substitute "section 24 of the Vehicle Excise and Registration Act 1994", and

(ii) for the words "section 19(1)(b)" substitute "section 21(2)".

(3) In Article 89(4) of that Order, for the words "the Vehicles (Excise) Act (Northern Ireland) 1972 or under the Vehicles (Excise) Act 1971 or under any statutory provisions repealed by those Acts" substitute "the Vehicle Excise and Registration Act 1994".

The Road Traffic Regulation Act 1984 (c. 27)

18 (1) In sections 101(8) and 111(7) of the Road Traffic Regulation Act 1984, for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

(2) In paragraph 2(2) of Schedule 12 to that Act, for paragraph (f) substitute--

" (f) by its being used, or kept, on a public road within the meaning of the Vehicle Excise and Registration Act 1994 without a licence under that Act being exhibited on the vehicle in the manner prescribed by regulations under that Act. "

The Police and Criminal Evidence Act 1984 (c. 60)

19 In section 4(1)(a) of the Police and Criminal Evidence Act 1984, for the word "vehicles" substitute "vehicle".

The Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

20 In section 1A(5) of the Sporting Events (Control of Alcohol etc.) Act 1985, for the words "section 1(1) of the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

The Finance Act 1986 (c. 41)

21 In paragraph 6(1) of Schedule 6 to the Finance Act 1986, for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994."

The Income and Corporation Taxes Act 1988 (c. 1)

22 In sections 158(2B) and 168(5)(d) and (5A)(d) of the Income and Corporation Taxes Act 1988, for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994."

The Dartford-Thurrock Crossing Act 1988 (c. 20)

23 In section 19 of the Dartford-Thurrock Crossing Act 1988--

(a) in paragraph (d), for the words "section 4(1)(g) of the Vehicles (Excise) Act 1971" substitute "paragraph 18 of Schedule 2 to the Vehicle Excise and Registration Act 1994", and

(b) in paragraph (e), for the words "section 7(2) of that Act" substitute "paragraph 19 of that Schedule".

The Road Traffic Act 1988 (c. 52)

24 (1) In sections 43(1), 66(1)(a) and (3), 69A(3), 148(2)(h), 172(10) and 183(2)(a) of the Road Traffic Act 1988, for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

(2) In section 47 of that Act--

(a) in subsection (2)(a), for the words from "under" to "1920" substitute "under the Vehicle Excise and Registration Act 1994 or any corresponding earlier legislation",

(b) in subsection (2)(b), for the words "registered under" onwards substitute "so registered", and

(i) for the words "section 20 of the Vehicles (Excise) Act 1971" substitute "section 24 of the Vehicle Excise and Registration Act 1994", and

(ii) for the words "section 19(1)(b)" substitute "section 21(2)".

(3) In section 64A of that Act--

(a) in subsection (1)(a)(i), for the words "section 19 of the Vehicles (Excise) Act 1971" substitute "section 21 of the Vehicle Excise and Registration Act 1994",

(b) in subsection (2)--

(i) in paragraph (a), for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994", and

(ii) in paragraph (b), for the words "section 19" substitute "section 21", and

(i) for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994", and

(ii) for the words "section 16(2)" substitute "section 12(2)".

(4) In section 65A of that Act--

(a) in subsection (1)(a)(i), for the words "section 19 of the Vehicles (Excise) Act 1971" substitute "section 21 of the Vehicle Excise and Registration Act 1994", and

(b) in subsection (3)--

(i) in paragraph (a), for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994", and

(ii) in paragraph (b), for the words "section 19" substitute "section 21".

(5) In section 156 of that Act, for the words "section 37 of the Vehicles (Excise) Act 1971" substitute "section 57 of the Vehicle Excise and Registration Act 1994".

The Road Traffic Offenders Act 1988 (c. 53)

25 (1) In sections 71(9)(b), 85(5) and 89(2)(c) of the Road Traffic Offenders Act 1988, for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

(2) In Schedule 3 to that Act add at the end--

" Offences under the Vehicle Excise and Registration Act 1994 (c. 22)

Section 33 of the Vehicle Excise and Registration Act 1994.	Using or keeping a vehicle on a public road without licence being exhibited in manner prescribed by regulations.
Section 42 of that Act.	Driving or keeping a vehicle without required registration mark.
Section 43 of that Act.	Driving or keeping a vehicle with registration mark obscured etc. "

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12))

26 In Article 6(1)(a) of the Police and Criminal Evidence (Northern Ireland) Order 1989, for the word "vehicles" substitute "vehicle".

The Environmental Protection Act 1990 (c. 43)

27 In section 79(7) of the Environmental Protection Act 1990, in the definition of "person responsible", for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

The New Roads and Street Works Act 1991 (c. 22)

28 In sections 13(2) and 36(2) of the New Roads and Street Works Act 1991, for paragraphs (b) to (d) substitute--

" (b) a vehicle which is exempt from vehicle excise duty under--

(i) paragraph 4 (fire engines),

(ii) paragraph 6 (ambulances),

(iii) paragraph 18 (invalid carriages),

(iv) paragraph 19 (vehicles for use by or for purposes of certain disabled people), or

(v) paragraph 20 (vehicles used for carriage of disabled people by recognised bodies),

of Schedule 2 to the Vehicle Excise and Registration Act 1994. "

The Road Traffic Act 1991 (c. 40)

29 In sections 79(2)(a) and 82(3) of the Road Traffic Act 1991, for the words "the Vehicles (Excise) Act 1971" substitute "the Vehicle Excise and Registration Act 1994".

The Criminal Justice Act 1991 (c. 53)

30 In section 24(4) of the Criminal Justice Act 1991, in the definition of"fine"--

(a) in paragraph (a), for the words "section 8(1) or 18(4) of the Vehicles (Excise) Act 1971" substitute "section 29 or 37 of the Vehicle Excise and Registration Act 1994", and

(b) in paragraph (b), for the words "section 9, 18A or 26A of the said Act of 1971" substitute "section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994".

The Severn Bridges Act 1992 (c. 3)

31 In section 8(5) of the Severn Bridges Act 1992, for paragraphs (c) and (d) substitute--

" (c) a vehicle which is exempt from vehicle excise duty under--

(i) paragraph 6 (ambulances),

(ii) paragraph 19 (vehicles for use by or for purposes of certain disabled people), or

(iii) paragraph 20 (vehicles used for carriage of disabled people by recognised bodies),

of Schedule 2 to the Vehicle Excise and Registration Act 1994, " .

The Finance Act 1994 (c. 9)

32 In section 17(4) of the Finance Act 1994, for the word "vehicles" substitute "vehicle".

Section 64.

SCHEDULE 4 Transitionals etc

General transitionals and savings

1 The substitution of this Act for the provisions repealed or revoked by this Act does not affect the continuity of the law.

2 (1) Anything done, or having effect as done, (including the making of subordinate legislation and the issuing of licences) under or for the purposes of any provision repealed or revoked by this Act has effect as if done under or for the purposes of any corresponding provision of this Act.

(2) Sub-paragraph (1) does not apply to the [S.I. 1980/1183.] Vehicle Licences (Duration and Rate of Duty) Order 1980.

3 Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision of this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes before the commencement of this Act a reference to the corresponding provision repealed or revoked by this Act.

4 Any reference (express or implied) in any enactment, or in any instrument or document, to a provision repealed or revoked by this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes after the commencement of this Act a reference to the corresponding provision of this Act.

5 Paragraphs 1 to 4 have effect in place of section 17(2) of the [1978 c. 30.] Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

Preservation of old transitionals and savings

6 (1) The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.

(2) The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it remains capable of having effect.

(3) Where the purpose of an enactment repealed by this Act was to secure that the substitution of the provisions of the Act containing that enactment for provisions repealed by that Act did not affect the continuity of the law, the enactment repealed by this Act continues to have effect in so far as it is capable of doing so.

Exemption for disabled passengers

7 (1) Where--

(a) a vehicle is suitable for use by persons having a particular disability that so incapacitates them in the use of their limbs that they have to be driven and cared for by a full-time constant attendant,

(b) the vehicle is registered under this Act in the name of a person who has such a disability and is a person to whom this paragraph applies,

(c) that person is sufficiently disabled to be eligible for an invalid tricycle under the [1977 c. 49.] National Health Service Act 1977, the [1978 c. 29.] National Health Service (Scotland) Act 1978 or the [S.I. 1972/1265 (N.I.14).] Health and Personal Social Services (Northern Ireland) Order 1972 but too disabled to drive it, and

(d) no other vehicle registered in that person's name under this Act, or deemed to be so registered under sub-paragraph (3) of paragraph 19 of Schedule 2, is an exempt vehicle under that paragraph,

the vehicle is an exempt vehicle if used or kept for use by or for the purposes of that person.

(2) This paragraph applies to a person if--

(a) there remains valid a relevant certificate issued in respect of him before 13th October 1993 (the day on which the repeal of the provisions specified in section 12(1) of the [1992 c. 48.] Finance (No.2) Act 1992 came into force), or

(b) an application for a relevant certificate in respect of him had been received by the Secretary of State or the Department of Health and Social Services for Northern Ireland before that date and a relevant certificate issued pursuant to that application remains valid.

(3) In this paragraph a"relevant certificate" means--

(a) a certificate issued by the Secretary of State (or the Minister of Transport) containing a statement as described in Regulation 26(2)(b)(i) and (ii) of the [S.I. 1971/450.] Road Vehicles (Registration and Licensing) Regulations 1971 (as in force on 29th December 1972) or a statement to similar effect, or

(b) a certificate issued by the Department of Health and Social Services for Northern Ireland (or the Ministry of Health and Social Services for Northern Ireland) containing a statement as described in Regulation 27(2)(b)(i) and (ii) of the [S.R. and O. (N.I.) 1973 No. 490.] Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973 (as originally in force) or a statement to similar effect,

including (in either case) any renewal or continuation of such a certificate.

(4) For the purposes of sub-paragraph (2) a relevant certificate issued in respect of a person remains valid for as long as the matters stated in the certificate in relation to the person's disability remain unaltered.

(5) Where immediately before 13th October 1993 a person to whom this paragraph applies was under the age of five, the person ceases to be a person to whom this paragraph applies--

(a) if a relevant licence document is in force on the day on which he attains the age of five in respect of a vehicle used or kept for use for his purposes, when that licence document expires, and

(b) otherwise, on attaining the age of five.

(6) In sub-paragraph (5)"relevant licence document" means a document in the form of a licence issued under--

(a) Regulation 26(3A)(b) of the Road Vehicles (Registration and Licensing) Regulations 1971,

(b) Regulation 27(4)(b) of the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973, or

(c) paragraph 4 or 6 of the Schedule to the [S.I. 1993/2272.] Finance (No.2) Act 1992 (Commencement No.6 and Transitional Provisions and Savings) Order 1993,

or any re-enactment (with or without modifications) of any of those provisions.

(7) Regulations under section 22(2) of this Act which require a person to furnish information relating to a vehicle which is an exempt vehicle under this paragraph may require him to furnish (in addition) such evidence of the facts giving rise to the exemption as is prescribed by the regulations.

(8) In spite of the repeal by this Act of section 12(2) of the [1992 c. 48.] Finance (No.2) Act 1992, paragraphs 4 to 8 of the Schedule to the [S.I. 1993/2272.] Finance (No.2) Act 1992 (Commencement No.6 and Transitional Provisions and Savings) Order 1993 shall, until the coming into force of the first regulations made by virtue of sub-paragraph (7) (unless revoked and subject to any amendments), continue to have effect but subject to the modifications specified in sub-paragraph (9).

(9) The modifications referred to in sub-paragraph (8) are--

(a) the substitution of a reference to this paragraph for any reference to paragraph 2 of that Schedule,

(b) the addition of a reference to this Act after the first reference to the [1971 c. 10.] Vehicles (Excise) Act 1971 in paragraphs 4(4)(a) and 6(4)(a),

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