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.
2.—(1) For the purposes of this Schedule the required declaration may be made and the required particulars furnished in such way as the Secretary of State may accept including—
(a)in writing on a form specified by the Secretary of State;
(b)orally by telephone to a person authorised by the Secretary of State; or
(c)by electronic means in a form specified by the Secretary of State.
(2) A person furnishing the required particulars need not provide particulars of the address at which the vehicle is kept unless required to do so—
(a)in a case falling within sub-paragraph (1)(a) or (c), by the form on which those particulars are furnished; or
(b)in a case falling within sub-paragraph (1)(b) , by the person to whom they are furnished.