Vehicle and Driving Licences Act 1969

Transfer of functions

Transfer to Minister of local authorities' functions relating to vehicle and driving licences etc.

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• (1) The functions conferred on local authorities by the Vehicles (Excise) Act 1962 and Part II of the Road Traffic Act 1960 (which provide for the levying of excise duty on vehicles, the licensing and registration of vehicles and the licensing of drivers) shall be transferred to the Minister of Transport by virtue of this section on the transfer date.

• (2) In this Act—

• " the transfer date " means such date as the Minister may by order appoint for the purposes of the foregoing subsection; and

• " relevant functions " means functions which will be or were transferred to the Minister by virtue of this section on the transfer date.

Provisions supplementary to s. 1

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• (1) The Minister may by order make such provision as he considers appropriate for the purposes of section 1 of this Act—

• (a) with respect to the transfer and management and the custody of property which is held by local authorities for the purposes of any relevant functions and the transfer of rights acquired and liabilities incurred by local authorities in connection with any relevant functions;

• (b) with respect to the payment by the Minister of compensation in respect of any transfer of property or rights in pursuance of paragraph (a) above and in respect of liabilities of local authorities which are not transferred in pursuance of that paragraph ; and

• (c) for securing that anything done by or in relation to a local authority before the transfer date in connection with any relevant functions is deemed on and after that date to have been done by or in relation to the Minister and, without prejudice to the foregoing provisions of this paragraph, that anything begun before that date by a local authority in the exercise of any relevant functions may be carried on and completed on and after that date by the Minister ;

and an order under this subsection may be made to take effect before the transfer date in so far as the Minister considers that it should so take effect for the purpose of facilitating the exercise by him of any relevant functions.

• (2) The Minister shall not make an order under the foregoing subsection with respect to the transfer of premises appearing to him to form part of premises held by a local authority for the purposes of relevant and other functions unless he has given notice to the authority of his proposal to make the order and has specified in the notice the time within which the authority may request that the order shall be in accordance with the following provisions of this subsection ; and where the authority does so request and the Minister decides to make the order, then—

• (a) the order shall secure that the transfer is for such period only as the Minister may determine, being a period ending not later than the end of the period of seven years beginning with the transfer date ; and

• (b) without prejudice to the generality of the foregoing subsection, the other terms of the transfer shall be such as may be specified in the order.

• (3) The Minister shall make regulations providing for the payment by him, subject to such exceptions or conditions as may be prescribed, of compensation to or in respect of persons who are or were, or but for any national service of theirs would be or would have been, the holders of any such place, situation or employment as may be prescribed and who suffer or have suffered loss of employment or loss or diminution of emoluments which is attributable to the provisions of section 1 of this Act; and any such regulations may include provision for the determination of questions arising under the regulations.

In this subsection " national service " means any such service in any of Her Majesty's forces or other employment (whether or not in the service of Her Majesty) as may be prescribed.

• (4) If a person employed by a local authority for the purposes of any relevant functions ceases to be employed by that authority in consequence of the provisions of section 1 of this Act and as soon as practicable after so ceasing enters an employment of a class specified in section 2(2) of the Superannuation (Miscellaneous Provisions) Act 1948, the latter employment and his employment by the authority aforesaid shall be deemed to be one continuous employment for the purposes of the National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1961 and the National Insurance (Modification of Local Government Superannuation Schemes) (Scotland) Regulations 1961 and any certificate specifying non-participating employments in pursuance of the National Insurance Act 1965 ; and in section 6(5) of the Local Government Superannuation Act 1937 and section 6(5) of the Local Government Superannuation (Scotland) Act 1937 (under which a contributory employee whose remuneration is reduced in consequence, among other things, of such an incapacity as is there mentioned may make the same superannuation contributions as if the reduction had not occurred) and in any corresponding provision of a local Act scheme within the meaning of the latter Act the references to such an incapacity shall be construed as including references to the provisions of the said section 1.

Any question arising under this subsection or either of the said sections 6(5) or such a scheme as to whether a person was employed by a local authority for the purposes of any relevant functions or entered another employment as soon as practicable after ceasing to be employed by a local authority or as to whether an employment ceased or a reduction of remuneration occurred in consequence of the provisions of the said section 1 shall be determined by the Minister.

• (5) Without prejudice to the powers of local authorities apart from this subsection, any local authority shall have power to enter into an agreement with the Minister providing for the exercise of any relevant functions on and after the transfer date by the authority on behalf of the Minister on such terms as may be provided by the agreement; and it is hereby declared that, in relation to any period before the transfer date, a local authority have and always had power to make arrangements with the Postmaster General for him to issue licences and collect duty under the Act of 1962 on their behalf, and subsection (1) of this section shall be construed accordingly.

• (6) The functions mentioned in section 1(1) of this Act include the functions relating to the licensing of drivers which are conferred on the Council of the Isles of Scilly by virtue of the Isles of Scilly Order 1937, and in relation to the functions so conferred the said Council shall be deemed to be a local authority for the purposes of this section; and it is hereby declared that after the transfer date the Minister's functions under the Act of 1962 extend to the Isles of Scilly, and references to local authorities and relevant functions in subsection (5) of this section shall include respectively references to the said Council and the Minister's said functions in relation to the Isles.

• (7) Nothing in this Act shall relieve a local authority from the obligation to pay into the Consolidated Fund any fees for licences received by the authority before the transfer date under Part II of the Act of 1960 and any sums received by the authority before that date by way of duty or penalties under the Act of 1962.

• (8) The enactments mentioned in Part I of Schedule 1 to this Act shall have effect subject to the amendments specified in that Part (which are consequential upon the provisions of section 1 of this Act).

Interim provisions with respect to functions of local authorities

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• (1) The Minister may, at any time before the transfer date, by order provide that any relevant functions shall, as respects any area specified in the order, be exercisable by a local authority so specified instead of by the authority by whom they would be exercisable apart from the order.

• (2) Where at any time before the transfer date a local authority is to cease to be a local authority and it appears to the Minister that, having regard to the provisions of section 1 of this Act, it is expedient to prevent that event from affecting the exercise of any of the relevant functions, he may by order direct that the relevant functions shall, except so far as the order otherwise provides, be exercised after that event as if it had not occurred.

• (3) An order under the foregoing provisions of this section may contain such provisions, if any, as the Minister considers appropriate with respect to the transfer of persons employed by a local authority and shall contain provisions for safeguarding the interests of such persons; and section 2(3) of this Act shall have effect for the purposes of this section as if for the reference to section 1 of this Act there were substituted a reference to this section.

• (4) If an authority exercising functions by virtue of an order under subsection (2) of this section is not a local authority, it shall be deemed to be a local authority for the purposes of those functions and references to a local authority in any enactment (including this Act) shall be construed accordingly; and the reference in section 1(1) of this Act to functions conferred by the enactments there mentioned shall be construed as including a reference to functions conferred by virtue of the foregoing provisions of this section.

Vehicle licences

Commencement and duration of licences

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• (1) Subject to the provisions of section 5 of this Act, a licence shall first have effect on the day specified by the applicant in the application for the licence.

• (2) Any trade licence may be taken out for a period of twelve months, and a general trade licence may be taken out for a period of four months.

• (3) A licence for a period of four months shall expire with such day in the fourth month after that in which the licence first has effect as corresponds to the day preceding that on which it first has effect, so however that a licence for that period shall—

• (a) if it first has effect on the first day of a month, expire with the last day of the third month after that month; and

• (b) if it first has effect on 30th or 31st October, expire with the last day of the following February.

• (4) The enactments mentioned in Part II of Schedule 1 to this Act shall have effect subject to the amendments specified in that Part (which are consequential upon the foregoing provisions of this section).

• (5) Section 3 of the Act of 1962 (which provides for the making of orders authorising the issue of licences for the periods and on payment of duty at the rates mentioned in that section) shall cease to have effect.

• (6) Nothing in any of the foregoing provisions of this section affects any licence taken out before that provision comes into force.

• (7) A licence which first has effect before the day on which it is issued shall not affect any criminal liability incurred before that day.

• (8) Notwithstanding anything in the Act of 1962 or the foregoing provisions of this section, the Minister may. during the period of two years beginning with the day when this section comes into force, provide by regulations that, in such cases as may be determined by or under the regulations, the duration of a licence taken out after the coming into force of the regulations shall be longer or shorter, by such period not exceeding thirty days as may be so determined, than its duration would have been apart from the regulations; and where the duration of a licence is altered by virtue of this subsection the duty payable upon the licence shall be increased or reduced proportionately.

• (9) At the expiration of the period of two years mentioned in subsection (8) of this section that subsection shall cease to have effect, but without prejudice to any licence issued or any payment made or falling to be made by virtue of any regulations in force under that subsection immediately before the expiration of that period.

• (10) In this section " licence " means a vehicle licence.

Temporary licences

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• (1) Where an application is made for a vehicle licence for any period (except a trade licence and a seven day licence), the Minister may if he thinks fit, instead of issuing forthwith a licence for that period—

• (a) issue a licence (in this Act referred to as a " temporary licence") for fourteen days or such other period as may be prescribed and having effect from such day as may be prescribed ; and

• (b) issue from time to time a further temporary licence in respect of the vehicle to which a previous temporary licence relates.

• (2) A temporary licence shall be deemed to be a vehicle licence, and except where the context otherwise requires references to a vehicle licence in any enactment (including this Act) shall be construed accordingly ; but nothing in this section shall affect the amount of any duty payable in connection with an application for a vehicle licence.

• (3) Where an application is made for a vehicle licence for any period and a temporary licence is issued in pursuance of the application, section 11(2) of the Finance Act 1967 (under which a vehicle licence ceases to be in force for certain purposes on the transfer of the vehicle unless it is delivered with the vehicle to the transferee) shall not apply to that vehicle licence if on a transfer of the relevant vehicle during the currency of the temporary licence the temporary licence is delivered with the vehicle to the transferee.

Issue etc. of temporary licences by motor dealers

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• (1) The Minister may by regulations make such provision as he considers appropriate with respect to the allocation of temporary licences to motor dealers who apply for such allocations and appear to the Minister suitable to receive them and with respect to the issue of the licences by motor dealers.

• (2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may include provision—

• (a) as to the mode of application for the allocation of licences and as to the fees payable in respect of allocations;

• (b) specifying the categories of vehicles for which allocations of licences may be made ;

• (c) prohibiting the issue of temporary licences in pursuance of applications for trade licences or seven day licences ;

• (d) for requiring a motor dealer to pay to the Minister, in respect of each licence allocated to the dealer, the excise duty chargeable in respect of the licence which will be specified in the application in consequence of which the allocated licence can be issued ;

• (e) as to the replacement of allocated licences which are lost, damaged or destroyed and as to the fees payable in connection with their replacement; and

• (f) as to the transfer of licences allocated to a motor dealer in cases where the dealer dies or becomes incapacitated or bankrupt and in such other cases as may be prescribed.

• (3) Without prejudice to the generality of subsection (1) of this section, regulations under this section may also include provision for—

• (a) requiring a motor dealer to whom an allocation of licences is made to keep a record in the prescribed form of the licences allocated to him and of the licences issued by him, and to permit the record to be inspected at all reasonable times by any officer of the Minister and any constable ;

• (b) restricting the circumstances in which a motor dealer may issue licences;

• (c) requiring a motor dealer, before he issues a licence in respect of a vehicle—

• (i) to obtain from the proposed holder of the licence an application for a vehicle licence in the prescribed form,

• (ii) to ascertain that the prescribed requirements as to test certificates and insurance are satisfied in respect of the vehicle,

• (iii) to ensure that the licence is appropriate for the vehicle and takes effect on the prescribed date, and

• (iv) to make on the licence, and on any copy of it specified in the regulations, such entries as the Minister may determine;

• (d) requiring a motor dealer by whom a licence is issued to deliver or despatch to the Minister, within the prescribed period beginning with the day on which the dealer issues the licence, the prescribed particulars and documents relating to the licence and the vehicle for which it is issued ;

• (e) securing that after any change takes effect in the rate of excise duty chargeable in respect of a vehicle licence of any description, a licence previously allocated to a dealer is not issued by him in consequence of an application for a vehicle licence of that description, but that a licence issued in contravention of regulations made in pursuance of the foregoing provisions of this paragraph shall not be invalid by reason only of the contravention; and

• (f) providing that a person who contravenes or fails to comply with any specified provision of the regulations shall be guilty of an offence under this Act.

Provisions supplementary to s. 6

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• (1) Any unissued licence allocated to a motor dealer in pursuance of the foregoing section may at any time be surrendered in the prescribed manner to the Minister by the dealer or by any person to whom the licence has been transferred under regulations made in pursuance of subsection (2)(f) of that section.

• (2) A motor dealer and any other person having the custody of any unissued licence allocated to the dealer in pursuance of the foregoing section shall, if required to do so by the Minister and subject to section 21(2) of this Act, forthwith surrender any such licence to the Minister in such manner as the Minister may direct; and a person who knowingly fails to comply with a requirement made by the Minister under this subsection shall be guilty of an offence under this Act.

• (3) On the surrender of a licence in pursuance of this section the dealer or other person in question shall be entitled to be paid by the Minister the amount paid by the dealer in respect of the licence under regulations made in pursuance of subsection (2)(d) of the foregoing section.

• (4) Where a licence is issued by a motor dealer in contravention of regulations made in pursuance of subsection (3)(e) of the foregoing section, the dealer shall be liable to pay to the Minister a sum equal to the amount (if any) by which the amount paid by the dealer as mentioned in subsection (3) of this section is exceeded by the amount which would have been so paid if the allocation of the licence to the dealer had taken place at the time when the licence was issued.