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VEHICLES (EXCISE) ACT (NORTHERN IRELAND) 1972 - SECT 9

1971 c.10

9.(1) Where a person convicted of an offence under section 8 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 fine which it may
impose under that section, order him to pay an amount calculated in accordance
with subsections (2) to (5) of this section.

(2) The said amount shall, subject to subsection (4), be an amount equal to
one three-hundred-and-sixty-fifth of the annual rate of duty appropriate to
the vehicle in question for each day in the relevant period, and, subject to
subsection (3), the relevant period shall be one ending with and including the
date of the offence and

(a)if the person convicted has before that date notified the Ministry of his
acquisition of the vehicle in accordance with regulations under this Act,
beginning with and including the date on which the notification was received
by the Ministry or, if later, with the expiry of the vehicle licence last in
force for the vehicle; or

(b)in any other case, beginning with the expiry of the vehicle licence last in
force for the vehicle before the date of the offence or, if there has not at
any time before that date been a vehicle licence in force for the vehicle,
beginning with and including the date on which the vehicle was first kept by
that person.

(3) Where the person convicted has been ordered to pay an amount under this
section on the occasion of a previous conviction in respect of the same
vehicle, and the offence then charged was committed after the date specified
above for the beginning of the relevant period, that period shall instead
begin with and include the day following that on which the former offence was
committed.

(4) Where the person convicted proves

(a)that, throughout any day comprised in the relevant period, the vehicle in
question was not kept by him; or

(b)that, throughout any such day, the vehicle in question was neither used nor
kept by him on a public road and that he was exempt by virtue of subsection
(2)(b) or (c) of section 10 from liability under subsection (1) of that
section in respect of that day; or

(c)that, throughout any such day, the vehicle in question was not chargeable
with duty; or

(d)that he has paid duty in respect of the vehicle for any such day, whether
or not on a licence;

(5) In relation to any day comprised in the relevant period, the reference in
subsection (2) to the annual rate of duty appropriate to the vehicle in
question is a reference to the annual rate applicable to it on that day; and,
except so far as it is proved to have fallen within some other description for
the whole of any such day, a vehicle 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 or, if the prosecution so elects, the date when a vehicle licence for
it was last issued.

(6) Where, on a person's conviction of an offence under section 8, an order is
made under the Probation Act (Northern Ireland) 1950 placing him on probation
or discharging him absolutely or conditionally, subsections (1) to (5) shall
apply as if the conviction were deemed to be a conviction for all purposes.

(7) In the foregoing provisions of this section, any reference to the expiry
of a vehicle licence includes a reference to its surrender, and to its being
treated as no longer in force for the purposes of section 8 by virtue of
subsection (4)(a) of that section; and, in the case of a conviction for a
continuing offence, the offence shall be taken for the purposes of those
provisions to have been committed on the date or latest date to which the
conviction relates.

(8) 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.


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© 1972 Crown Copyright

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