Vehicles (Excise) Act 1971 (Repealed 1.9.1994)

Issue, exhibition, exchange, surrender, etc. of licencesE+W+S

12 Issue and exhibition of licences.E+W+S

(1)Every person applying for a vehicle licence shall make such a declaration and furnish such particulars with respect to the vehicle for which the licence is to be taken out or otherwise as may be prescribed.

(2)Every vehicle licence shall be issued for the vehicle specified in the application for the licence and shall not entitle the person to whom it is issued to use or keep any other vehicle.

(3)The Secretary of State shall not be required to issue any vehicle licence for which application is made unless he is satisfied—

(i)that the licence applied for is the appropriate licence for the vehicle specified in the application; and

(ii)in the case of an application for a licence for a vehicle purporting to be the first application for a licence for the vehicle, that a licence has not previously been issued for that vehicle.

(4)Subject to the provisions of regulations under this Act, and without prejudice to section 8 thereof, any person who uses or keeps on a public road any mechanically propelled vehicle on which duty under this Act is chargeable without there being fixed to and exhibited on that vehicle in the prescribed manner a licence for, or in respect of the use of, that vehicle issued under this Act and for the time being in force shall be liable on summary conviction to a fine not exceeding [F1level 1 on the standard scale].

(5)In any proceedings for an offence under subsection (4) above it shall be a defence to prove that—

(a)while an expired vehicle licence for the vehicle was in force an application was duly made for a further vehicle licence for the vehicle to take effect from or before the expiration of the expired licence and for a period including the time in question; and

(b)the expired licence was at that time fixed to and exhibited on the vehicle in the manner prescribed in pursuance of subsection (4) above; and

(c)the period between the expiration of the expired licence and that time did not exceed fourteen days.

For the purposes of paragraph (a) above an application for a further licence is made when the application is received by the Secretary of State.

(6)Regulations under this Act may provide for the issue of new licences in the place of licences which may be lost or destroyed, and for the fee to be paid on the issue of a new licence.

(7)Any vehicle licence may be transferred in the prescribed manner.

13 Temporary licences.U.K.

(1)Where an application is made for a vehicle licence for any period . . . F2, the Secretary of State may, if he thinks fit, instead of issuing forthwith a vehicle licence for that period—

(a)issue a vehicle 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)Nothing in this section shall affect the amount of any duty payable in connection with an application for a vehicle licence.

[F3(2A)Where an application for a vehicle licence is made to a body [F4(other than a Northern Ireland department)]authorised by the Secretary of State to act as his agent for the purpose of issuing licences, then, before the body issues a licence under subsection (1)(a) above, it may require the applicant to pay to it in connection with the issue a fee of £2 or such other sum as may be prescribed.]

(3)Where an application is made for a vehicle licence for any period and a temporary licence is issued in pursuance of the application, subsection (3)(a) of section 8 of this Act shall not apply to the first-mentioned 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.

14 Issue, etc. of temporary licences by motor dealers.E+W+S

(1)The Secretary of State 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 Secretary of State 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) above, 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 . . . F5;

(d)for requiring a motor dealer to pay to the Secretary of State, 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) above, 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 Secretary of State and any constable;

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

(c)requiring a motor dealer, before he issues a temporary 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 temporary licence is appropriate for the vehicle and takes effect on the prescribed date, and

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

(d)requiring a motor dealer by whom a temporary licence is issued to deliver or despatch to the Secretary of State, 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; and

(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 temporary 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 temporary 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.

15 Provisions supplementary to s. 14.E+W+S

(1)Any unissued licence allocated to a motor dealer in pursuance of section 14 of this Act may at any time be surrendered in the prescribed manner to the Secretary of State 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 section 14 of this Act shall, if required to do so by the Secretary of State and subject to section 25(2) of this Act, forthwith surrender any such licence to the Secretary of State in such manner as the Secretary of State may direct; and a person who knowingly fails to comply with a requirement made by the Secretary of State under this subsection shall be liable on summary conviction to a fine of [F6level 3 on the standard scale].

(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 Secretary of State the amount paid by the dealer in respect of the licence under regulations made in pursuance of section 14(2)(d) of this Act.

(4)Where a licence is issued by a motor dealer in contravention of regulations made in pursuance of section 14(3)(e) of this Act, the dealer shall be liable to pay to the Secretary of State a sum equal to the amount (if any) by which the amount paid by the dealer as mentioned in subsection (3) above 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.

16 Trade licences.E+W+S

(1)If a motor trader or a vehicle tester applies in the prescribed manner to the Secretary of State to take out a licence under this section (in this Act referred to as a “trade licence”)—

(i)in the case of a motor trader, for all mechanically propelled vehicles which are from time to time temporarily in his possession in the course of his business as a motor trader . . . F7; or

(ii)in the case of a vehicle tester, for all mechanically propelled vehicles which are from time to time submitted to him for testing in the course of his business as a vehicle tester; or

(iii)in the case of a motor trader who is a manufacturer of mechanically propelled vehicles, for all vehicles kept and used by him solely for purposes of conducting research and development in the course of his business as such a manufacturer [F8and all vehicles which are from time to time submitted to him by other manufacturers for testing on roads in the course of that business],

the Secretary of State may, subject to the prescribed conditions, issue to him a trade licence on payment of duty at the rate applicable to the licence in accordance with the following provisions of this section:

(a)to use more than one mechanically propelled vehicle at any one time, . . . F9; or

(b)to use any vehicle for any purpose other than such purposes as may be prescribed; or

(c)[F10except in such circumstances as may be prescribed] to keep any vehicle on a road if it is not being used thereon.

[F11(1A)Subsection (1) above has effect in relation to an application made by a person who satisfies the Secretary of State that he intends to commence business as a motor trader or vehicle tester as it has effect in relation to an application made by a motor trader or vehicle tester.]

(2)Regulations shall be made under this section prescribing the conditions subject to which trade licences are to be issued and the purposes for which the holder of a trade licence may use a vehicle under the licence.

(3)The purposes which may be prescribed as those for which the holder of a trade licence may use a vehicle under the licence shall not include the conveyance of goods or burden of any description other than—

(a)a load which is carried solely for the purpose of testing or demonstrating the vehicle or any of its accessories or equipment and which is returned to the place of loading without having been removed from the vehicle except for such purpose or in the case of accident; or

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

[F13(bb)in the case of a vehicle which is being delivered or collected, a load consisting of another vehicle used or to be used for travel from or to the place of delivery or collection; or]

(c)any load built in as part of the vehicle or permanently attached thereto; or

(d)a load consisting of parts, accessories or equipment designed to be fitted to the vehicle and of tools for so fitting them; or

(e)a load consisting of a trailer [F14other than a trailer which is for the time being a disabled vehicle];

and, for the purposes of this subsection, where a vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, the vehicle and the trailer shall be deemed to constitute a single vehicle.

(4)[F15Subject to subsections (4A) and (4B) below, a trade licence] may be taken out—

(a)for a period of twelve months; or

[F16(b)for a period of six months];

and shall first have effect on the day specified by the applicant in the application for the licence.

[F17(4A)A trade licence taken out by a person who is not a motor trader or vehicle tester (having satisfied the Secretary of State as mentioned in subsection (1A) above) shall be for a period of six months only.

(4B)The Secretary of State may require that a trade licence taken out by a motor trader or vehicle tester who does not hold any existing trade licence shall be for a period of six months only.]

(5)The rate of duty applicable to a trade licence taken out for a period of twelve months shall be [F18£100] or, if the licence is to be used only for vehicles to which Schedule 1 to this Act relates, [F18£20]; and the rate of duty applicable to a licence taken out for a period of [F19six months] shall be [F19eleven twentieths] of the rate applicable to the corresponding trade licence taken out for a period of twelve months, any fraction of 5p being treated as 5p if it exceeds 2·5p but otherwise being disregarded.

(6)Nothing in this section shall operate to prevent a person entitled to take out a trade licence from holding two or more trade licences.

(7)If any person holding a trade licence or trade licences issued under this section uses on a public road by virtue of that licence or those licences—

(i)a greater number of vehicles at any one time than he is authorised to use by virtue of that licence or those licences; or

(ii)any vehicle for any purpose other than such purposes as may have been prescribed under subsection (2) above;

or if that person uses that licence or any of those licences for the purpose of keeping on a road [F20in any circumstances other than such circumstances as may have been prescribed under paragraph (c) of the proviso to subsection (1) above] a vehicle which is not being used on that road, he shall be liable to the greater of the following penalties, namely—

(a)an excise penalty of £50; or

(b)an excise penalty equal to five times the amount of the duty chargeable in respect of the vehicle or vehicles.

The amount of the duty chargeable in respect of a vehicle shall be calculated for the purposes of this subsection in the same manner as it is calculated for the purposes of section 8 of this Act by virtue of subsection (3) thereof.

(8)In this section—

• [F21“disabled vehicle” includes a vehicle which has been abandoned or is scrap;]

• “motor trader” [F22means—

(a)a manufacturer or repairer of, or dealer in, mechanically propelled vehicles, or

(b)any person not falling within paragraph (a) above who carries on a business of such description as may be prescribed;

and a person shall be treated for the purposes of paragraph (a) above] as a dealer in such vehicles if he carries on a business consisting wholly or mainly of collecting and delivering mechanically propelled vehicles, and not including any other activities except activities as a manufacturer or repairer of, or dealer in, such vehicles;

• “vehicle tester” means a person, other than a motor trader, who regularly in the course of his business engages in the testing on roads of mechanically propelled vehicles belonging to other persons;and

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

17 Surrender of licences.E+W+S

(1)The holder of a licence (other than a licence for a tramcar)—

(a)may at any time surrender the licence to the Secretary of State in the prescribed manner; and

(b)shall on so surrendering the licence be entitled, if he satisfies the prescribed requirements and subject to the following provisions of this section, to receive from the Secretary of State, by way of rebate of duty paid upon the surrendered licence, a sum equal to the relevant amount multiplied by the number of days in the relevant period:

(2)In this section “the relevant amount”, in relation to a surrendered licence, means one three-hundred-and-sixty-fifth of the annual rate by reference to which duty was charged upon the licence and “the relevant period”, in relation to a surrendered licence, means the period beginning with the day following that on which the licence is received by the Secretary of State in pursuance of paragraph (a) of subsection (1) above and ending with the day on which the licence would have expired by the effluxion of time.

The Secretary of State may, for the purposes of this subsection, treat a surrendered licence delivered to him by post as received by him on the day on which it was posted.

(3)If during the currency of a temporary licence issued in pursuance of an application for a vehicle licence for any period, the temporary licence is surrendered under this section, it shall be treated for the purposes of this section as issued for that period or, if the Secretary of State so directs but subject to subsection (4) below, for any other period specified in the direction being a period for which by virtue of section 10(5) of this Act a vehicle licence could be issued in pursuance of the application; and where a further vehicle licence issued in pursuance of the application is held by any person at the time of the surrender of the temporary licence or is received by him thereafter—

(a)the further licence shall cease to be in force and he shall forthwith return it to the Secretary of State and shall, if he knowingly fails to do so, be liable on summary conviction to a fine not exceeding [F24level 3 on the standard scale]; and

(b)if the Secretary of State considers that there has been undue delay in complying with paragraph (a) above he may, without prejudice to any liability under that paragraph, reduce the relevant period by such number of days as he thinks fit for the purpose of calculating the sum payable in pursuance of subsection (1) above in respect of the surrendered temporary licence.

(4)A person who in pursuance of this section is paid a sum which was calculated by reference to a period specified in a direction under subsection (3) above may appeal to the county court, or in Scotland by way of summary application to the sheriff, on the ground that the Secretary of State was not authorised by that subsection to give the direction.

18 Alteration of vehicle or of its use.U.K.

(1)Subject to the provisions of this section, where a vehicle licence has been taken out for a vehicle at any rate under this Act and the vehicle is at any time while the licence is in force used in an altered condition or in a manner or for a purpose which brings it within, or which if it was used solely in that condition or in that manner or for that purpose would bring it within, a description of vehicle to which a higher rate of duty is applicable under this Act, duty at that higher rate shall become chargeable in respect of the licence for the vehicle.

(2)Where duty at a higher rate becomes chargeable under subsection (1) above in respect of any vehicle licence, the licence may be exchanged for a new vehicle licence, for the period beginning with the date on which the higher rate of duty becomes chargeable and expiring at the end of the period for which the original vehicle licence was issued, on payment of the appropriate proportion of the difference between—

(a)the amount payable under this Act on the original vehicle licence; and

(b)the amount payable under this Act on a vehicle licence taken out for the period for which the original licence was issued but at the higher rate of duty, that amount being calculated, if that rate has been changed since the issue of the original licence, as if that rate had been in force at all material times at the level at which it is in force when it becomes chargeable.

(3)For the purposes of subsection (2) above the appropriate proportion is the proportion which the number of days in the period beginning when the higher rate of duty becomes chargeable and ending with the end of the period for which the original licence was issued bears to the number of days in the whole of the last-mentioned period, that period being treated as 365 days in the case of a licence for twelve months and 120 days in the case of a licence for four months.

(4)Where a vehicle licence has been taken out for a vehicle, and by reason of the vehicle being used as mentioned in subsection (1) above, a higher rate of duty becomes chargeable and duty at the higher rate was not paid before the vehicle was so used, the person so using the vehicle shall be liable to the greater of the following penalties, namely—

(a)an excise penalty of £50; or

(b)an excise penalty of an amount equal to five times the difference between the duty actually paid on the licence and the amount of the duty at that higher rate.

(5)Where a vehicle licence has been taken out for a vehicle of a certain description, duty at a higher rate applicable to vehicles of some other description shall not become chargeable in respect of the vehicle by reason of the vehicle being used as mentioned in subsection (1) above, unless the vehicle as used while the said licence is in force satisfies all the conditions which must be satisfied in order to bring the vehicle for the purposes of the charge of duty under this Act into the said other description of vehicles.

(6)Where duty has been paid in respect of a vehicle at a rate applicable under Schedule 4 to this Act, then, so long as the vehicle is to a substantial extent being used for the conveyance of goods or burden belonging to a particular person (whether the person keeping the vehicle or not), duty at a higher rate shall not become chargeable in respect of the vehicle by reason only that it is used for the conveyance without charge in the course of their employment of employees of the person aforesaid.

(7)Where duty has been paid in respect of a vehicle at a rate applicable to farmers’ goods vehicles under Schedule 4 to this Act, duty at a higher rate shall not become chargeable in respect of the vehicle by reason only that, on an occasion when the vehicle is being used by the person in whose name it is registered under this Act for the purpose of the conveyance of the produce of, or of articles required for the purposes of, the agricultural land which he occupies, it is also used for the conveyance for some other person engaged in agriculture of the produce of, or of articles required for the purposes of, the agricultural land occupied by that other person, if it is shown—

(a)that the vehicle is so used only occasionally;

(b)that the goods conveyed for that other person represent only a small proportion of the total amount of goods which the vehicle is conveying on that occasion; and

(c)that no payment or reward of any kind is, or is agreed to be, made or given for the conveyance of the goods of that other person.

(8)Where duty has been paid in respect of a vehicle at a rate applicable to farmers’ goods vehicles under Schedule 4 to this Act, duty at a higher rate shall not become chargeable in respect of the vehicle by reason only that, during such periods and in such areas as may be specified by order of the Treasury made by statutory instrument, it is used, whether or not by the person in whose name it is registered under this Act, for any such purpose as is specified in the order.

An order under this subsection may be revoked or varied by a subsequent order of the Treasury.

(9)Subsection (8) above shall continue in force until such date as Her Majesty may by Order in Council determine.

[F25(10)In its application to Northern Ireland, this section shall have effect as if—

(a)for subsection (8) there were substituted the following subsection—

“(8)Where duty has been paid under this Act in respect of a vehicle either—

(a)as an agricultural tractor under Schedule 3, or

(b)as a farmer’s goods vehicle under Schedule 4,

duty at a higher rate shall not become chargeable in respect of that vehicle by reason only that it is used by the person in whose name it is registered for conveying to or from any agricultural land in his occupation livestock owned by him in connection with the agricultural activities carried on by him on that land; but this subsection shall not have effect in relation to a vehicle used for conveying any livestock which for the time being is part of the stock in trade of a dealer in cattle and is conveyed in the course of his business as such dealer.”; and

(b)subsection (9) were omitted.]

F26[18A Additional liability in relation to alteration of vehicle or its use.U.K.

(1)Where a person convicted of an offence under section 18 of this Act is the person by whom the vehicle in respect of which the offence was committed was kept at the time it was committed, the court shall, in addition to any penalty which it may impose under that section, order him to pay an amount (the “additional duty”) calculated in accordance with this section.

(2)The additional duty shall, subject to subsections (7) and (8) below, be an amount equal to one three-hundred-and-sixty-fifth of the appropriate annual rate of duty for each day in the relevant period.

(3)The following Cases are referred to in subsections (5) and (6) below—

CASE A

Where—

(a)at the time of the offence the vehicle in question had a plated weight (the “higher plated weight”) which exceeds the plated weight (the “previous plated weight”) which it had when the current licence was taken out; and

(b)the current licence was taken out at the rate of duty applicable to the previous plated weight.

CASE B

Where—

(a)the vehicle in question is a tractor unit (within the meaning of paragraph 15 of Schedule 4 to this Act);

(b)the current licence was taken out at a rate of duty applicable to the use of the vehicle only with semi-trailers having not less than two axles or, as the case may be, only with semi-trailers having not less than three axles; and

(c)the offence consisted in using the vehicle with a semi-trailer with a smaller number of axles than that mentioned in paragraph (b) above, in circumstances in which it was not treated by virtue of paragraph 14(2) of Schedule 4 to this Act as being licensed in accordance with the requirements of this Act.

CASE C

Where—

(a)the current licence was taken out at the rate of duty applicable, by virtue of paragraph 8 of Schedule 4 to this Act, to a weight lower than the plated weight of the vehicle in question; and

(b)the offence consisted in using the vehicle in contravention of a condition imposed by virtue of paragraph 8(3) of Schedule 4.

CASE D

Where the current licence was taken out at a rate of duty lower than that applicable to the vehicle in question by reference to its plated weight and the circumstances of the case do not bring it within Case A, B or C.

CASE E

Where the current licence was taken out at a rate of duty lower than that at which duty was chargeable in respect of that condition or manner of use of the vehicle which constituted the offence and the circumstances of the case do not bring it within Case A, B, C or D.

(4)In this section “current licence” means the licence in relation to which the offence was committed.

(5)In this section “appropriate annual rate of duty” means the difference between the rate of duty at which the current licence was taken out and—

(a)in Case A, the rate which would have been applicable had the current licence been taken out by reference to the higher plated weight;

(b)in Case B, the rate which would have been applicable had the current licence been taken out by reference to that use of the vehicle which constituted the offence;

(c)in case C, the rate which would have been applicable had the current licence been taken out by reference to the plated weight of the vehicle;

(d)in Case D, the rate which would have been applicable had the current licence been taken out by reference to the plated weight of the vehicle; and

(e)in Case E, the rate which would have been applicable had the current licence been taken out by reference to that condition or use of the vehicle which constituted the offence.

(6)In this section “relevant period” means the period ending with the day on which the offence was committed and beginning

(a)in relation to Case A, with the day on which the vehicle in question was plated with the higher plated weight; and

(b)in relation to each of the other Cases, with the day on which the current licence first took effect.

(7)Where the person convicted proves—

(a)that throughout any day comprised in the relevant period he was not the keeper of the vehicle in question;

[F27or]

(c)that he had, before his conviction, paid the higher of the two rates of duty referred to in the relevant paragraph of subsection (5) above in respect of the vehicle for any such day, whether or not on a licence; . . . F28

the additional duty shall be calculated as if that day were not comprised in the relevant period.

(8)Where a person is convicted of more than one contravention of section 18 of this Act in respect of the same vehicle (whether or not in the same proceedings) the court shall, in calculating the additional duty payable in respect of any one of those offences, reduce the amount calculated in accordance with the preceding provisions of this section in relation to a particular period by the amount of the additional duty ordered to be paid under this section in relation to that period in respect of the other offence or, as the case may be, offences.

(9)Except so far as it is proved to have fallen within some other description for the whole of any day comprised in the relevant period, the vehicle in question shall be taken for the purposes of this section to have belonged throughout the relevant period to that description of vehicle to which it belonged for the purposes of duty at the date of the offence.

(10)Where, on a person’s conviction of an offence under section 18 of this Act, an order is made under Part I of the Powers of Criminal Courts Act M1 1973 [F29or the Probation Act (Northern Ireland) 1950]placing him on probation or discharging him absolutely or conditionally, this section shall apply as if the conviction were deemed to be a conviction for all purposes.

(11)This section shall have effect subject to the provisions (applying with the necessary modifications) of any enactment relating to the imposition of fines by magistrates’ courts, other than one conferring a discretion as to their amount; and any sum payable by virtue of an order under this section shall be treated as a fine, and the order as a conviction, for the purposes of Part III of the Magistrates’ Courts Act M2 1980 (including any enactment having effect as if contained in that Part) and of any other enactment relating to the recovery or application of sums ordered to be paid by magistrates’ courts.

(12)In its application to Scotland, this section shall have effect as if for subsections (10) and (11) there were substituted the following subsections)—

“(10)Where a person is convicted on indictment of, or is charged before a court of summary jurisdiction with, an offence under section 18 of this Act, and an order is made under section 182 or 383 of the Criminal Procedure (Scotland) Act 1975 discharging him absolutely, or under section 183 or 384 of that Act placing him on probation, this section shall apply as if the making of the order were a conviction for all purposes.

(11)Any sum payable by virtue of an order under this section shall be treated as a fine imposed by a court of summary jurisdiction.”

[F30(12A)In its application to Northern Ireland, this section shall have effect as if—

(a)in subsections (3) and (5) for “plated weight”, in each place, there were substituted “relevant maximum weight or, as the case may be, relevant maximum train weight”;

(b)in subsection (6) for “plated with the higher plated weight” there were substituted “rated at the higher relevant maximum weight or, as the case may be, the higher relevant maximum train weight”; and

(c)for subsection (11) there were substituted the following subsections—

“(11)A sum payable by virtue of any order made under this section by a court shall be recoverable as a sum adjudged to be paid by a conviction and treated for all purposes as a fine within the meaning of section 20 of the Administration of Justice Act (Northern Ireland) 1954.

(11A)In this section “relevant maximum weight” and “relevant maximum train weight” have the same meaning as in Schedule 4 to this Act.”]

(13)This section is subject to Schedule 7 to this Act.]