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1.—(1) In this Schedule—
“authorised insurer” has the meaning given in section 145(5) of the 1988 Act;
“personal credit agreement” has the meaning given in section 8(1) of the Consumer Credit Act 1974 M1;
“relevant vehicle” means a vehicle which is either a relevant GB vehicle or a relevant NI vehicle;
“the required declaration” means a declaration made to the Secretary of State by F1... the keeper of a relevant vehicle to the effect that (except for use under a trade licence) he does not for the time being intend to use or keep the vehicle on a public road and will not use or keep the vehicle on a public road without first taking out a vehicle licence (or if appropriate a nil licence) for the vehicle;
“the required particulars” in relation to a relevant vehicle are particulars of—
the registration mark of the vehicle;
the make and model of the vehicle; and
the address of the premises at which the vehicle is kept; and
“unlicensed vehicle” means a relevant vehicle for which no vehicle licence is for the time being in force and “unlicensed” shall be construed accordingly.
(2) In this Schedule, subject to sub-paragraph (3),—
(a)a “relevant GB vehicle” means a vehicle which is registered in the GB records and kept in Great Britain, but does not include a vehicle in relation to which each of the following conditions is satisfied—
(i)neither a vehicle licence nor a nil licence was in force for the vehicle on 31st January 1998;
(ii)such a licence has not been taken out for the vehicle for a period starting after that date; and
(iii)the vehicle has not been used or kept on a public road on or after that date; and
(b)a “relevant NI vehicle” means a vehicle which is registered in the NI records and kept in Northern Ireland, but does not include a vehicle in relation to which each of the following conditions is satisfied—
(i)neither a vehicle licence nor a nil licence was in force for the vehicle on 30th November 2002;
(ii)such a licence has not been taken out for the vehicle for a period starting after that date; and
(iii)the vehicle has not been used or kept on a public road on or after that date.
(3) A vehicle which is an exempt vehicle falling within a description specified in paragraph 2, 2A, 3, 23 or 24 of Schedule 2 to the 1994 Act is neither a relevant GB nor a relevant NI vehicle.
(4) For the purposes of this Schedule a person is a “relevant vehicle trader” in relation to a vehicle if he falls within a description mentioned in column (2) of an item in the Table below and the vehicle falls within a description mentioned in column (3) of that item.
(1) | (2) | (3) |
---|---|---|
Item | Descriptions of person | Descriptions of vehicle |
1. | The holder of a trade licence | A vehicle temporarily in his possession in the course of the business by virtue of which he is a person eligible to hold such a licence |
2. | An auctioneer of vehicles | A vehicle temporarily in his possession in the course of his business as such an auctioneer |
3. | A motor dealer | A vehicle temporarily in his possession in the course of his business as a motor dealer |
4. | A person who carries on business as a dismantler of vehicles | A vehicle temporarily in his possession in the course of that business |
5. | An authorised insurer | A vehicle temporarily in his possession in consequence of settling a claim under a policy of insurance which related to the vehicle |
6. | The holder of a licence under Part II of the Consumer Credit Act 1974 | A vehicle temporarily in his possession under an order for the repossession of the vehicle made in pursuance of a personal credit agreement relating to the vehicle |
Textual Amendments
F1Words in Sch. 4 para. 1(1) omitted (1.10.2014) by virtue of The Vehicle Excise and Registration (Consequential Amendments) Regulations 2014 (S.I. 2014/2358), reg. 1, Sch. 1 para. 15(2)
Marginal Citations
M11974 c. 39; section 8 was amended by the Consumer Credit (Increase of Monetary Limits) Order 1983 S.I. 1983/1878 Schedule; Part II and by S.I. 1998/996.