Retention of Registration Marks Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/987 |
| Year | 1993 |
1993 No. 987
ROAD TRAFFIC
The Retention of Registration Marks Regulations 1993
Made 1st April 1993
Laid before Parliament 5th April 1993
Coming into force 1st May 1993
The Secretary of State for Transport, in exercise of the powers conferred by section 11 of the Finance Act 19891, and of all other enabling powers, hereby makes the following regulations
Citation, commencement and application
1.—(1) These Regulations may be cited as the Retention of Registration Marks Regulations 1993, and shall come into force on 1st May 1993.
(2) These Regulations apply where an application for the grant of a right of retention is made on or after 1st May 1993.
Interpretation
2.—(1) In these Regulations—
“the 1971 Act” means the Vehicles (Excise) Act 19712;
“the 1988 Act” means the Road Traffic Act 19883;
“G.B.records” means the records, kept under the 1971 Act, on behalf of the Secretary of State, by the Driver and Vehicle Licensing Agency and does not include any records kept under that Act, on behalf of the Secretary of State, by a Northern Ireland department;
“grantee” means the person to whom a right of retention is granted;
“nominated person” means a person nominated as provided in regulation 3(1)(b);
“retention document” means a document issued as provided in regulation 9(1) or (2);
“right of retention” means a right mentioned in regulation 3;
(2) In these Regulations, unless the context otherwise requires,—
(a)
(a) a reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; and.
(b)
(b) a reference to a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference occurs.
Rights of retention
3. Subject to the following provisions of these Regulations, a person in whose name a vehicle which is recorded as being a registered vehicle in the G.B.records may be granted by the Secretary of State a right to have the registration mark for the time being assigned to that vehicle assigned to some other vehicle registered—
(a) in that person’s name; or
(b) in the name of some other person nominated by him in the application for the grant of the right.
Application for a right of retention
4.—(1) An application for the grant of a right of retention shall be made to the Secretary of State and shall be accompanied by—
(a)
(a) the registration document issued under the 1971 Act in respect of the vehicle;
(b)
(b) a vehicle licence for the time being in force issued in respect of the vehicle under the 1971 Act, or a valid application for such a licence;
(c)
(c) such of the following documents as relate to the vehicle—
(i) if the vehicle is one in respect of which a test certificate is required under section 45 of the 1988 Act, the test certificate in force under that section,
(ii) if the vehicle is one in respect of which a test certificate is required in accordance with article 34 of the Road Traffic (Northern Ireland) Order 19814, the certificate in force under that article,
(iii) if the vehicle is one in respect of which a plating certificate and a goods vehicle certificate under section 49 of the 1988 Act is required, the plating certificate and the goods vehicle certificate in force under that section;
(d)
(d) payment of the sum specified in regulation 7(a); and
(e)
(e) payment of the sum referred to in regulation 7(b).
(2) The applicant shall, if required to do so by the Secretary of State, make the vehicle available for inspection at a place designated by the Secretary of State.
(3) In this regulation “the vehicle” means the vehicle to which the registration mark is for the time being assigned.
Duration of a right of retention
5.—(1) Subject to the provisions of paragraph (2), a right of retention may be exercised only during the period of one year starting with the date on which the relevant retention document is issued.
(2) Subject to the provisions of paragraph (3), the Secretary of State may if he thinks fit to do so in the circumstances of the case extend, on one or more occasions, the period in which a right of retention may be exercised.Any such extension shall be for the period of one year starting with the date on which the right would otherwise have ceased to be exercisable.
(3) No extension by virtue of paragraph (2) shall be granted unless the following conditions are satisfied—
(a)
(a) the grantee has applied in writing for the extension;
(b)
(b) if the application is made on or after 1st May 1993 but before 28th May 1993 in respect of a right which would cease to be exercisable on or before 28th May 1993 if an extension were not granted, the application is made before 28th May;
(c)
(c) in any case other than one mentioned in subparagraph (b), the application is made in the period starting 28 days before the date on which the right would cease to be exercisable if an extension were not granted and ending with that date;
(d)
(d) the application is accompanied by the retention document; and
(e)
(e) the application is accompanied by payment of the sum specified in regulation 8.
Refusal of applications
6. The Secretary of State may refuse an application for the grant of a right of retention, or for an extension of the period in which a right of retention may be exercised, or for the assignment of a registration mark under a right of retention, if it appears to him that there are special reasons for doing so.
Payments on application for rights of retention
7. In respect of an application for a right of retention there shall be payable a fee made up as follows—
(a) £25, and
(b) a sum equal to the amount of the charge which could have been made pursuant to section 12(1) of the Finance Act 19765for an assignment of the registration mark to which the application relates if the assignment had been made on the date on which the application was made.
Payments on extension of right of retention
8. The fee payable in respect of an application for an extension of a period in...
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