Local Transport Act 2008 (c. 26)

Part 7 E+W+S Miscellaneous provisions

Foreign-registered vehicles E+W+S

129 Disclosure of information relating to foreign-registered vehicles E+W+S

After section 49 of the Road Safety Act 2006 (c. 49) (disclosure to foreign authorities of licensing and registration information) insert—

“49A Disclosure of information relating to foreign-registered vehicles

(1) The Secretary of State may disclose information to which subsection (2) applies to any person or body referred to in subsection (3) (subject to any restrictions mentioned in relation to the person or body).

(2) This subsection applies to information that—

(a) is derived from particulars contained in a register of vehicles that is maintained in a country or territory outside the United Kingdom, and

(b) has been obtained by the Secretary of State from the authority or authorities of that country or territory with responsibility under the law of that country or territory for maintaining the register.

(3) The persons and bodies are—

(a) a local authority, where the disclosure is made for any purpose connected with the investigation of—

(i) an offence, or

(ii) a road traffic contravention;

(b) Transport for London, where the disclosure is made for such a purpose;

(c) the Department of the Environment in Northern Ireland, where the disclosure is made for any purpose connected with the investigation of an offence;

(d) the Department for Regional Development in Northern Ireland, where the disclosure is made for any purpose connected with the investigation of a road traffic contravention;

(e) the chief officer of police of a police force in England and Wales;

(f) the chief constable of a police force maintained under the Police (Scotland) Act 1967;

(g) a member of the Police Service of Northern Ireland;

(h) an officer of Revenue and Customs;

(i) an inspector of taxes, where the disclosure is made for any purpose connected with any tax liability to which a person is or may be subject, or the amount of any such liability;

(j) a person who the Secretary of State is satisfied has reasonable cause for seeking disclosure of the information.

(4) The Secretary of State may charge a reasonable fee in respect of the cost of—

(a) obtaining, or seeking to obtain, information falling within subsection (2)(a);

(b) supplying information under subsection (1).

(5) Nothing in this section affects any other power of the Secretary of State to disclose information.

(6) In this section—

• “local authority” means—

  (a)

  a county council in England;

  (b)

  a metropolitan district council;

  (c)

  a non-metropolitan district council for an area for which there is no county council;

  (d)

  a London borough council;

  (e)

  the Common Council of the City of London;

  (f)

  the Council of the Isles of Scilly;

  (g)

  a county council or county borough council in Wales;

  (h)

  a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “road traffic contravention” means—

  (a)

  in relation to England and Wales, any contravention falling within Schedule 7 to the Traffic Management Act 2004;

  (b)

  in relation to Scotland, any act or omission that would have been an offence but for paragraph 1(4) or (as the case may be) 2(4) of Schedule 3 to the Road Traffic Act 1991 (control of parking in permitted and special parking areas);

  (c)

  in relation to Northern Ireland, any contravention falling within Schedule 1 to the Traffic Management (Northern Ireland) Order 2005 (2005 No. 1964 (N.I. 14));

• “tax” has the meaning given by section 118(1) of the Taxes Management Act 1970.”.

Commencement Information

I1 S. 129 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

130 Use of information relating to foreign-registered vehicles E+W+S

After section 49A of the Road Safety Act 2006 (c. 49) insert—

“49B Use of information relating to foreign-registered vehicles

(1) The Secretary of State may use information to which section 49A(2) applies for any of the purposes referred to in subsection (2).

(2) The purposes are—

(a) to check the accuracy of information which has been obtained under regulations made by virtue of section 22A(2) of the Vehicle Excise and Registration Act 1994 (vehicle identity checks);

(b) to check the accuracy of records maintained by the Secretary of State in connection with any functions exercisable by the Secretary of State under or by virtue of that Act;

(c) to check the accuracy of records maintained, or caused to be maintained, under section 45(6B) or 49(3A) of the Road Traffic Act 1988 (records of examinations of goods and other vehicles);

(d) to promote compliance with section 47 or 53 of that Act (obligatory test certificates for goods and other vehicles);

(e) where appropriate, to amend or supplement any information mentioned in the foregoing provisions of this subsection or information contained in any records so mentioned;

(f) to trace a non-resident parent (within the meaning of the Child Support (Information, Evidence and Disclosure) Regulations 1992 (S.I. 1992/1812)).”.

Commencement Information

I2 S. 130 in force at 9.2.2009 by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1