Vehicles (Crime) Act 2001

Part 3 U.K. OTHER PROVISIONS RELATING TO VEHICLE CRIME

Vehicle licensing and registrationU.K.

32 Provision of documents etc. on vehicle licence applicationsU.K.

(1)In section 7(1) of the Vehicle Excise and Registration Act 1994 (c.22) (requirement to make a declaration on application for vehicle licence)—

(a)in paragraph (a) for “such a” there shall be substituted “ any such ”; and

(b)in paragraph (b)—

(i)after “furnish” there shall be inserted “ any ”; and

(ii)after “particulars” there shall be inserted “ and any such documentary or other evidence ”.

(2)In section 22(2A)(a) of that Act (extension of registration regime to exempt vehicles: nil licences)—

(a)in sub-paragraph (i) for “such a” there shall be substituted “ any such ”; and

(b)in sub-paragraph (ii)—

(i)after “furnish” there shall be inserted “ any ”; and

(ii)after “particulars” there shall be inserted “ and any such documentary or other evidence ”.

33 Issue of new registration documents: vehicle identity checks etc.U.K.

(1)In section 22(1)(h) of the Vehicle Excise and Registration Act 1994 (c.22) (power to provide by regulations for the issue of new registration documents) after “stolen” there shall be inserted “ , surrendered ”.

(2)After section 22 of that Act there shall be inserted—

“22A Vehicle identity checks

(1)This section applies to regulations under section 22(1)(h) which confer a power on the Secretary of State to refuse to issue a new registration document in respect of a registered vehicle if he is not satisfied that the vehicle for which the document is being sought is the registered vehicle.

(2)Such regulations may, in particular, provide for—

(a)the examination (whether by the Secretary of State or by persons authorised by him) of all vehicles for which new registration documents are being sought, or such vehicles of a particular description, for the purpose of ascertaining whether they are the registered vehicles concerned,

(b)the provision of other evidence in relation to all vehicles for which new registration documents are being sought, or such vehicles of a particular description, for the purpose of ascertaining whether they are the registered vehicles concerned.

(3)Regulations made by virtue of subsection (2) may, in particular, provide for—

(a)notification of examinations (including their purpose), the issue of certificates as to the outcome of examinations and the keeping of records in relation to examinations and certificates,

(b)the issue of duplicates or copies of certificates and the fees to be paid on applications for such duplicates or copies,

(c)the correction of errors in certificates,

(d)the payment of fees for examinations, and for re-examinations resulting from appeals and the repayment of the whole or part of the fee paid for such a re-examination where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,

(e)the making of appeals against the outcome of examinations,

(f)the carrying out of examinations in the absence of the keepers or owners of the vehicles concerned,

(g)courses of instruction in connection with the carrying out of examinations and the charging of fees in respect of attendance on such courses,

(h)the authorisation of examiners, the imposition of conditions to be complied with by authorised examiners (including the payment of fees to the Secretary of State) and the withdrawal of authorisations,

(i)the manner in which, conditions under which and apparatus with which examinations are carried out by authorised examiners, and the inspection of premises at which and apparatus with which such examinations are being, or are to be, carried out,

(j)the charges to be paid by authorised examiners to the Secretary of State in connection with—

(i)the issue of certificates,

(ii)the issue of duplicates or copies of certificates, and

(iii)the correction of errors in certificates.

(4)The Secretary of State may use information contained in relevant records—

(a)to check the accuracy of information which has been obtained under regulations made by virtue of subsection (2), and

(b)where appropriate, to amend or supplement any such information.

(5)The Secretary of State may use information which has been obtained under regulations made by virtue of subsection (2)—

(a)to check the accuracy of relevant records, and

(b)where appropriate, to amend or supplement information contained in those records.

(6)In subsections (4) and (5) “relevant records” means records—

(a)maintained by the Secretary of State in connection with any functions exercisable by him under or by virtue of this Act,

(b)records maintained by the Secretary of State (or caused by him to be maintained) under section 45(6B) of the Road Traffic Act 1988 (c.52).

(7)Subsections (4) to (6) do not limit any powers of the Secretary of State apart from those subsections.

(8)This section is without prejudice to the generality of the powers conferred by section 22.”

MiscellaneousE+W

37 Taking a conveyance without authority: extension of prosecution time-limitsE+W

(1)After section 12(4) of the Theft Act 1968 (c.60) (offence of taking a conveyance without authority) there shall be inserted—

“(4A)Proceedings for an offence under subsection (1) above (but not proceedings of a kind falling within subsection (4) above) in relation to a mechanically propelled vehicle—

(a)shall not be commenced after the end of the period of three years beginning with the day on which the offence was committed; but

(b)subject to that, may be commenced at any time within the period of six months beginning with the relevant day.

(4B)In subsection (4A)(b) above “the relevant day” means—

(a)in the case of a prosecution for an offence under subsection (1) above by a public prosecutor, the day on which sufficient evidence to justify the proceedings came to the knowledge of any person responsible for deciding whether to commence any such prosecution;

(b)in the case of a prosecution for an offence under subsection (1) above which is commenced by a person other than a public prosecutor after the discontinuance of a prosecution falling within paragraph (a) above which relates to the same facts, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution or (if later) the discontinuance of the other prosecution;

(c)in the case of any other prosecution for an offence under subsection (1) above, the day on which sufficient evidence to justify the proceedings came to the knowledge of the person who has decided to commence the prosecution.

(4C)For the purposes of subsection (4A)(b) above a certificate of a person responsible for deciding whether to commence a prosecution of a kind mentioned in subsection (4B)(a) above as to the date on which such evidence as is mentioned in the certificate came to the knowledge of any person responsible for deciding whether to commence any such prosecution shall be conclusive evidence of that fact.”

(2)Subsection (1) applies in relation to offences committed on or after the day appointed for the purposes of this section by an order under section 44.

38 Unified power for Secretary of State to fund speed cameras etc.E+W

(1)The Secretary of State may make payments in respect of the whole or any part of the expenditure of a public authority in relation to—

(a)the prevention or detection of offences to which subsection (2) applies; or

(b)any enforcement action or proceedings in respect of such offences or any alleged such offences.

(2)This subsection applies to offences under—

(a)section 16 of the Road Traffic Regulation Act 1984 (c.27) which consist in contraventions of restrictions on the speed of vehicles imposed under section 14 of that Act;

(b)subsection (4) of section 17 of that Act which consist in contraventions of restrictions on the speed of vehicles imposed under that section;

(c)section 88(7) of that Act (temporary minimum speed limits);

(d)section 89(1) of that Act (speeding offences generally);

(e)section 36(1) of the Road Traffic Act 1988 (c.52) which consist in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed.

(3)Payments under this section shall be made to—

(a)the public authority in respect of whose expenditure the payments are being made; or

(b)any other public authority for payment, in accordance with arrangements agreed with the Secretary of State, to, or on behalf of, the public authority in respect of whose expenditure the payments are being made.

(4)Payments under this section shall be paid at such times, in such manner and subject to such conditions as the Secretary of State may determine.

(5)In this section “public authority” means—

(a)any highway authority (within the meaning of the Highways Act 1980 (c.66));

(b)[F3any police and crime commissioner, the Mayor's Office for Policing and Crime] or the Common Council of the City of London in its capacity as a police authority; [F4and]

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any body or other person not falling within paragraphs (a) to (c) and so far as exercising functions of a public nature.