Vehicles (Excise) Act 1971 (Repealed 1.9.1994)

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 . . . F1;

(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.