Legalize / United Kingdom / Public General Act

Vehicles (Crime) Act 2001

Type Public General Act

Publication 2001-04-10

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — REGULATION OF MOTOR SALVAGE OPERATORS

Registration

Offence of supplying plates etc. to unregistered persons

1

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Registers of motor salvage operators

2

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Applications for registration and renewal of registration

3

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Cancellation of registration

4

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Right to make representations

5

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Appeals

6

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Keeping of records et ceteralaetc.

Keeping of records

7

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Notification of destruction of motor vehicles

8

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Supplementary provisions and offences

Rights to enter and inspect premises

9

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Offence of making false statements

10

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Notification requirements

11

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Offence of giving false particulars on sale for salvage

12

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General

Application of “fit and proper” test to companies etc.

13

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Proceedings for offences under Part 1

14

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Power to amend or repeal private or local Acts

15

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Interpretation of Part 1

16

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Part 2 — REGULATION OF REGISTRATION PLATE SUPPLIERS

Registration

Requirement of registration for registration plate suppliers

17

(1) Any person who carries on business as a registration plate supplier ... without being registered by the Secretary of State shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) For the purposes of this Part a person carries on business as a registration plate supplier if he—

(a) carries on a business which consists wholly or partly in selling registration plates; and

(b) is not an exempt person.

(3) The Secretary of State may by regulations provide for—

(a) activities of a prescribed description to be treated for the purposes of this Part as not being activities which consist in selling registration plates;

(b) persons of a prescribed description to be exempt persons for the purposes of this Part.

(4) In this Part “registered” means registered in accordance with the provisions of this Part in a register established and maintained by the Secretary of State under section 18; and cognate expressions shall be construed accordingly.

Register of registration plate suppliers

18

(1) The Secretary of State shall establish and maintain a register of persons carrying on business as registration plate suppliers.

(2) Each person’s entry in the register shall contain such particulars as may be prescribed.

(3) The Secretary of State shall, subject to subsection (6) and such fee (if any) as may be prescribed, supply any person who has requested information contained in the register with the information that he has requested.

(4) If the request is for information in the form of a copy (certified to be true) of the register or of an extract from it, the Secretary of State shall, subject to subsection (6) and such fee (if any) as may be prescribed, supply the information in that form.

(5) Any such certified copy shall be evidence (or, in Scotland, sufficient evidence) of the matters mentioned in it.

(6) The Secretary of State may by regulations specify—

(a) descriptions of persons who are not entitled to be supplied with information under subsection (3); and

(b) descriptions of information which shall not be supplied under that subsection.

(7) The Secretary of State may make all of the information contained in the register or information so contained of a particular description available ... for use by constables for the purpose of investigating offences under this Part.

(8) The Secretary of State may by regulations determine the circumstances in which any of the information to which constables have been given access under subsection (7) may be further disclosed by them.

(9) In this section, “ constables ” includes—

(a) members of the civilian staff of a police force, including the metropolitan police force, (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011),

(aa) persons employed by the Common Council of the City of London who are under the direction and control of the Commissioner of Police for the City of London,

(b) police staff within the meaning of the Police and Fire Reform (Scotland) Act 2012, and

(c) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force.

Applications for registration

19

(1) An application for registration—

(a) shall be made to the Secretary of State in accordance with such requirements as may be prescribed; and

(b) shall be accompanied by a fee of such amount (if any) as may be prescribed.

(2) The level of fees so prescribed may be set with a view to recovering the reasonable costs incurred by the Secretary of State in connection with the administration of this Part.

(3) A person who, in making an application for registration—

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Where an order under section 20(1)(b) has effect in relation to a person who has been convicted of an offence under subsection (3), no application for registration shall be made by that person under subsection (1) in contravention of the order.

(5) No application for registration shall be made under subsection (1) by a person while his registration is suspended by an order of a court under section 20(2).

(6) A person who makes an application in contravention of subsection (4) or (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) The Secretary of State shall, on receiving an application under subsection (1), register the applicant.

Removal or suspension of registration by a court

20

(1) Where a person is convicted of an offence under section 19(3) the court before which he is convicted may, instead of or in addition to imposing a fine, by order do either or both of the following—

(a) provide for the removal of any entry relating to him in the register;

(b) prohibit him from making an application for registration under section 19(1) within such period not exceeding five years as may be specified in, or determined under, the order.

(2) Where a registered person is convicted of an offence under this Part (other than an offence under section 19(3)) the court before which he is convicted may, instead of or in addition to imposing a fine, by order suspend his registration for any period of up to five years.

(3) No order under subsection (1) or (2) shall have effect—

(a) if no appeal is brought, before the end of the period for bringing an appeal has passed;

(b) if an appeal is brought, before the final determination or withdrawal of the appeal.

(4) A court shall give notice to the Secretary of State of the contents of any order which has been made by it under subsection (1) or (2) and which has effect.

(5) The Secretary of State shall amend the register—

(a) to give effect to any order of a court under subsection (1)(a); or

(b) to reflect any suspension effected by an order of a court under subsection (2);

but may not do so until the order concerned has effect.

(6) In this section “appeal” includes an application under section 111 of the Magistrates’ Courts Act 1980 (c. 43) or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (application by way of case stated).

Cancellation of registration by the Secretary of State

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(1) The Secretary of State may cancel a person’s registration if he is satisfied that the person concerned is not carrying on business as a registration plate supplier and has not, while registered, been doing so for at least 28 days.

(2) A cancellation under subsection (1) shall not have effect—

(a) if no appeal is brought under section 23, before the end of the period of 21 days mentioned in subsection (2) of that section;

(b) if an appeal is brought under that section, before the final determination or withdrawal of the appeal.

(3) This section is subject to section 22.

Right to make representations: Part 2

22

(1) The Secretary of State shall not cancel a person’s registration under section 21 unless the Secretary of State has complied with the provisions of this section.

(2) The Secretary of State shall serve a notice on the person concerned stating—

(a) what he is proposing to do;

(b) the reasons for it; and

(c) the period (not less than 14 days starting with the date of service of the notice) within which the person concerned may by notice—

(i) require the Secretary of State to give him an opportunity to make representations about the proposal; or

(ii) inform the Secretary of State that he does not wish to make any such representations.

(3) Where a notice has been served by the Secretary of State under subsection (2), the Secretary of State shall not proceed with his proposed cancellation until—

(a) the person concerned has made representations about it or informed the Secretary of State that he does not wish to make any such representations;

(b) the period mentioned in subsection (2)(c) has passed without the Secretary of State being required to give the person concerned an opportunity to make representations or without the Secretary of State being informed that the person concerned does not wish to make any representations; or

(4) The conditions are that—

(a) the person concerned has required the Secretary of State to give him an opportunity to make representations to the Secretary of State about the proposal;

(b) the Secretary of State has allowed that person a reasonable period to make his representations; and

(5) The representations may be made orally or in writing.

(6) If the person concerned informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give that person an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.

(7) If the Secretary of State decides to proceed with his proposed cancellation, he shall serve a notice on the person concerned informing him of the Secretary of State’s decision to proceed and of the cancellation.

(8) A notice under subsection (7) shall also inform the person concerned of—

(a) his right to appeal under section 23 against the cancellation;

(b) the time within which such an appeal may be brought; and

Appeals: Part 2

23

(1) An appeal against the cancellation by the Secretary of State under section 21 of a person's registration may be brought—

(a) in England and Wales, to a magistrates' court,

(b) in Scotland, to the sheriff, or

(2) An appeal under subsection (1) shall be brought within the period of 21 days beginning with the day on which the person concerned is served with a notice under section 22(7).

(3) The procedure on an appeal under subsection (1)—

(a) in England and Wales, is to be by way of complaint for an order and in accordance with the Magistrates' Courts Act 1980,

(b) in Scotland, is to be by way of summary application to the sheriff, and

(c) in Northern Ireland, is to be by way of notice under Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981.

(4) For the purposes of the time limit for bringing an appeal under subsection (1) the appeal is to be treated as brought—

(a) in England and Wales, on the making of the complaint,

(b) in Scotland, on the lodging of the summary application with the sheriff clerk, and

(c) in Northern Ireland, when a notice is served on the clerk of the petty sessions under Article 76(2)(a) of the Magistrates' Courts (Northern Ireland) Order 1981.

(5) A party to an appeal to the sheriff under subsection (1) may further appeal, on a point of law only, to the sheriff principal or the Court of Session; and the decision on such an appeal is final.

(6) On an appeal under subsection (1) or (5), the court may confirm, vary or reverse the decision appealed against and generally give such directions as it considers appropriate having regard to the provisions of this Part.

(7) The Secretary of State must comply with any directions given by a court under this section.

(8) But the Secretary of State need not do so until—

(a) in England and Wales, the time for making an application under section 111 of the Magistrates' Courts Act 1980 (application by way of case stated),

(b) in Scotland, the time for lodging an appeal under subsection (5), or

(c) in Northern Ireland, the time for making an application under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (application by way of case stated),

has passed.

(9) And if such an application or appeal is made or lodged, he need not do so until the final determination or withdrawal of the appeal or application.

Keeping of records etc.

Keeping of records: Part 2

24

(1) The Secretary of State may by regulations provide for the keeping of records by registered persons.

(2) In subsection (1) “registered” includes formerly registered.

(3) Regulations under this section may specify provisions of the regulations as provisions to which subsection (4) applies.

(4) A person who contravenes any provision to which this subsection applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) In proceedings for an offence under subsection (4) it shall be a defence for the accused to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

Provision of information on sale of registration plates

25

(1) The Secretary of State may by regulations provide for the obtaining by registered persons who are in the course of selling registration plates of information of a prescribed description from their prospective purchasers before the completion of the sale.

(2) Regulations under this section may specify provisions of the regulations as provisions to which subsection (3) applies.

(3) A person who contravenes any provision to which this subsection applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) In proceedings for an offence under subsection (3) it shall be a defence for the accused to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

Supplementary provisions and offences

Rights to enter and inspect premises: Part 2

26

(1) A constable or an authorised person may at any reasonable time enter and inspect premises for the time being entered in the register as premises which are occupied by a person carrying on business as a registration plate supplier wholly or partly for the purposes of his business so far as it consists in selling registration plates.

(2) A constable or an authorised person may at any reasonable time—

(a) require production of, and inspect, any registration plates kept at premises falling within subsection (1); and

(b) require production of, inspect and take copies of or extracts from any records which the person carrying on business as a registration plate supplier is required to keep at such premises by virtue of this Part.

(3) Subsection (4) applies where, on an application made by a constable or an authorised person, a justice of the peace , or (in Scotland) a justice of the peace, magistrate or sheriff, is satisfied that admission to premises specified in the application is reasonably required in order to secure compliance with the provisions of this Part, or to ascertain whether those provisions are being complied with.

(4) The justice of the peace, magistrate or sheriff may issue a warrant authorising a constable or (as the case may be) an authorised person to enter and inspect the premises concerned.

(5) A constable or an authorised person—

(a) shall not be entitled to use force to enter premises in the exercise of his powers under subsection (1); but

(b) may, if necessary, use reasonable force in the exercise of his powers under a warrant issued under subsection (4).

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