Statutory Instruments

2020 No. 1361

Exiting The European Union

Road Traffic

The Road Vehicles (Registration and Licensing) (Amendment) (EU Exit) Regulations 2020

Sift requirements satisfied

24th November 2020

Made

26th November 2020

Laid before Parliament

30th November 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 ("the 2018 Act")(1) and sections 22(1)(a), (e) and (h), and 57(1), (2) and (5) of the Vehicle Excise and Registration Act 1994(2).

The requirements of paragraph 3(2) of Schedule 7 to the 2018 Act (relating to the appropriate Parliamentary procedure for these Regulations)(3) have been satisfied.

Citation and commencement

1.-(1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (EU Exit) Regulations 2020.

(2) These Regulations come into force as follows-

(a) regulations 2 and 3 come into force on IP completion day(4), and

(b) this regulation and regulation 4 come into force immediately before IP completion day.

Amendment of the Road Vehicles (Registration and Licensing) Regulations 2002

2.  In the Road Vehicles (Registration and Licensing) Regulations 2002, omit regulation 27B (cross border exchange of information on road safety related traffic offences)(5).

Revocation of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2017

3.  The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2017(6) are revoked.

Amendment of the Road Vehicles (Registration, Registration Plates and Excise Exemption) (Amendment) (EU Exit) Regulations 2018

4.-(1) The Road Vehicles (Registration, Registration Plates and Excise Exemption) (Amendment) (EU Exit) Regulations 2018(7) are amended as follows.

(2) In regulation 2(2), in each place it occurs, for "exit day" substitute "IP completion day".

Signed by authority of the Secretary of State for Transport

Rachel Maclean

Parliamentary Under Secretary of State

Department for Transport

26th November 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16), and complementary powers in the Vehicle Excise and Registration Act 1994 (i.e. sections 22 and 57), in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law (in particular under section 8(2)(a), (c) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 amends the Road Vehicles (Registration and Licensing) Regulations 2002 ("the 2002 Regulations") by revoking regulation 27B. Regulation 27B implemented Directive (EU) 2015/413 of the European Parliament and of the Council (OJ No. L 68, 13.3.15, p.9) facilitating cross-border exchange of information on road safety related traffic offences.

Regulation 27B of the 2002 Regulations provided that, in order to facilitate the investigation by a European Union member State of a road safety related traffic offence to which the Directive applies committed in that member State using a vehicle registered in the UK, the Secretary of State was to make available to the member State, upon request, the identity of the registered keeper of the vehicle, and related information, from the statutory register of vehicles and their keepers maintained by the Driver and Vehicle Licensing Agency under the 2002 Regulations.

Regulation 3 revokes the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2017 which inserted regulation 27B into the 2002 Regulations.

Regulation 4 substitutes "IP completion day" for "exit day" in amendments made to the 2002 Regulations by the Road Vehicles (Registration, Registration Plates and Excise Exemption) (Amendment) (EU Exit) Regulations 2018.

An Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen and the impact on the public sector is unclear at this stage. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk. The Directive referred to above is published on the EUR-Lex website (http://eur-lex.europa.eu).

(1)

2018 c. 16. Section 8 was amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1), section 27(1) to (6). Paragraph 21(b) of Schedule 7 was amended by Schedule 5, paragraphs 38 and 53(1) and (2)(b) of that Act.

(2)

1994 c. 22. Section 22(1)(h) was amended by the Finance Act 1996 (c. 8), Schedule 2, paragraph 4(1) and (4), and by the Vehicle (Crime) Act 2001 (c. 3), section 33(1); section 57(1) was amended by the Finance Act 1996, Schedule 2, paragraph 16 and Schedule 41, Part II, paragraph (6).

(3)

Paragraph 3 of Schedule 7 was amended by the European Union (Withdrawal Agreement) Act 2020, Schedule 5, paragraphs 38 and 50(b).

(4)

"IP completion day" is defined in the Interpretation Act 1978 (c. 30), Schedule 1, by reference to the European Union (Withdrawal Agreement) Act 2020, section 39.

(5)

S.I. 2002/2742. Regulation 27B was inserted by S.I. 2017/554. There are other amendments but none are relevant to these Regulations.