Equipment Theft (Prevention) Act 2023

Requirements for sale of equipment

1

• (1) The Secretary of State may by regulations make provision to restrict the sale of specified equipment where a specified requirement is not met.

• (2) Regulations under subsection (1) may specify equipment of a kind falling within the following descriptions—

• (a) mechanically propelled vehicles that—

• (i) are designed or adapted primarily for use other than on a road,

• (ii) have an engine capacity of at least 250 cubic centimeters or two kilowatts, and

• (iii) travel on more than two wheels or on tracks;

• (b) other equipment designed or adapted primarily for use in agricultural or commercial activities.

• (3) Regulations under subsection (1) may specify a requirement of a kind falling within the following descriptions—

• (a) a requirement that the equipment is fitted with a device designed, or adapted, to be fitted for the purposes of preventing the equipment from being driven or otherwise put in motion;

• (b) a requirement that the equipment is marked with—

• (i) a unique identifier, and

• (ii) a visible indication that it is marked with a unique identifier.

• (4) Regulations under subsection (1) may not restrict the sale of equipment if—

• (a) the sale is solely for the purposes of onward sale by the buyer, or

• (b) the equipment has previously been used for the purpose for which it was primarily designed or adapted.

• (5) In this Act—

• (a) “equipment” includes a vehicle;

• (b) equipment is not “used for the purpose for which it was primarily designed or adapted” solely by virtue of being used—

• (i) in order to demonstrate its features to a potential buyer of the equipment or other equipment of the same or a similar kind, or

• (ii) in preparation for such a demonstration.

Record keeping

2

• (1) The Secretary of State may by regulations provide that a person selling equipment of a kind falling within a description in section 1(2) must record specified information in connection with the sale.

• (2) The information may include, for example—

• (a) a name, address or telephone number, or other contact details, of the buyer,

• (b) the make, model or colour of the equipment,

• (c) if the equipment is marked with a unique identifier of a kind specified in regulations under section 1(1)—

• (i) details of that unique identifier, and

• (ii) the method or location of the marking, and

• (d) the date on which the contract of sale was entered into.

• (3) Regulations under subsection (1) may make provision about—

• (a) when the information must be recorded;

• (b) for how long the information must be kept;

• (c) the form in which the information must be kept (including, for example, in an online system of a particular kind).

• (4) Regulations under subsection (1) may not require a person selling equipment to record information if—

• (a) the sale is solely for the purposes of onward sale by the buyer, or

• (b) the equipment has previously been used for the purpose for which it was primarily designed or adapted.

Enforcement

3

• (1) A person commits an offence if the person—

• (a) sells equipment in breach of regulations under section 1, or

• (b) fails to record or keep information in accordance with regulations under section 2.

• (2) A person that commits an offence under subsection (1) is liable on summary conviction to a fine.

• (3) An enforcement authority may enforce regulations under section 1 or 2 in their area.

• (4) For the powers available to an enforcement authority for the purposes of enforcing regulations under section 1 or 2, see Schedule 5 to the Consumer Rights Act 2015 (investigatory powers of enforcers etc).

• (5) “Enforcement authority” means—

• (a) a local weights and measures authority, or

• (b) a district council that is not a local weights and measures authority.

• (6) In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (duties and powers under which enforcement powers may be exercised), at the end insert—

• section 3 of the Equipment Theft (Prevention) Act 2023.

Regulations: general

4

• (1) A power to make regulations under any provision of this Act includes power to make—

• (a) consequential, supplementary, transitional or saving provision;

• (b) different provision for different purposes.

• (2) Regulations under this Act are to be made by statutory instrument.

• (3) A statutory instrument containing regulations under this Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Extent, commencement and short title

5

• (1) This Act extends to England and Wales.

• (2) This Act comes into force at the end of the period of six months beginning with the day on which this Act is passed.

• (3) This Act may be cited as the Equipment Theft (Prevention) Act 2023.

Requirements for sale of equipment

Record keeping

Enforcement

Regulations: general

Extent, commencement and short title

Editorial notes

[^key-31b5157ce46fb3415403214b1bc75bc3]: S. 3 in force at 20.1.2024, see s. 5(2)

[^key-1cb12b63bd23c5f5185d7a3b5c5fcb28]: S. 5 in force at 20.1.2024, see s. 5(2)

[^key-dd34d90ba2edb7bb04999a3451c69ae7]: S. 1 in force at 20.1.2024, see s. 5(2)

[^key-c8a41f85f1c119e0015fa83856b8d377]: S. 2 in force at 20.1.2024, see s. 5(2)

[^key-b80c128e115e094b357e109bf3c87ed5]: S. 4 in force at 20.1.2024, see s. 5(2)