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VEHICLES (EXCISE) ACT (NORTHERN IRELAND) 1972 - SECT 38

Transitional provisions, savings, repeals and revocations.

38.(1) This Act may be cited as the Vehicles (Excise) Act (Northern Ireland)
[1972].

(2)(3)(4) Commencement

1. Subject to paragraph 2, the annual rate of duty applicable to a
mechanically propelled vehicle of a description specified in column 1 of
Part II, being a vehicle which does not exceed [425 kilograms] in weight
unladen, shall be the rate specified in relation to vehicles of that
description in column 2 of Part II.

2. Where a bicycle, the cylinder capacity of whose engine exceeds 250 cubic
centimetres

(a)is one for which a licence was taken out before the beginning of the year
1935; and

(b)does not exceed 224 pounds in weight unladen,

3. In this Schedule

"bicycle" includes a motor scooter, a bicyle with an attachment for propelling
it by mechanical power and a bicycle to which a sidecar is attached;

"tricycle" includes a motor scooter and a tricycle with an attachment for
propelling it by mechanical power.

1. The annual rate of duty applicable to a hackney carriage of any description
shall, subject to paragraph 3, be the rate specified in column 2 of Part II.

2. For the purposes of this Schedule, the seating capacity of a vehicle shall
be determined in accordance with regulations under this Act.

3. Where a hackney carriage is partly used for private purposes, that is to
say, otherwise than for the purpose of carrying passengers for hire or reward
or of being let for hire, duty shall (if apart from this paragraph it would be
less) be chargeable by virtue of this Schedule at a rate equal to that which
would be chargeable in respect of that hackney carriage if Schedule 5 were
applicable to it instead of this Schedule.

4. Duty shall not be chargeable by virtue of this Schedule in respect of a
vehicle chargeable with duty by virtue of Schedule 1.

5. A vehicle falling within this Schedule shall not be chargeable with duty at
the rate appropriate to a hackney carriage unless a licence granted under
[Article 61 of the Road Traffic (Northern Ireland) Order 1981] is in force in
respect of that vehicle.

1. The annual rate of duty applicable to a mechanically propelled vehicle of a
description specified in column 1 of Part II shall, according to the unladen
weight of the vehicle as set out in columns 2 and 3 of that Part, be the
initial rate specified in relation to vehicles of that description and that
weight in column 4 of that Part together with any additional rate so specified
in column 5 of that Part.

2.(1) In this Schedule, "agricultural machine" means a locomotive ploughing
engine, tractor, agricultural tractor or other agricultural engine which is
not used on public roads for hauling any objects, except as follows

(a)for hauling its own necessary gear, threshing appliances, farming
implements, a living van for the accommodation of persons employed in
connection with the vehicle or supplies of water or fuel required for the
purposes of the vehicle or for agricultural purposes;

(b)for hauling directly from land in the occupation of any person to other
land in his occupation, agricultural or woodland produce of, or articles
required for, the agricultural land which he occupies;

(c)for hauling, within 15 miles of agricultural land in the occupation of the
person in whose name the vehicle is registered under this Act, agricultural or
woodland produce of that land or fuel required for any purpose on that land or
for domestic purposes by persons employed on that land by the occupier of the
land;

(d)for hauling articles required for agricultural land by the person in whose
name the vehicle is registered under this Act, being either the occupier of
the land or a contractor engaged to do agricultural work on the land by that
occupier;

(e)for hauling, within 15 miles of a forestry estate in the occupation of the
person in whose name the vehicle is registered under this Act, agricultural or
woodland produce of that estate or fuel required for any purpose on that
estate or for domestic purposes by persons employed on that estate by the
occupier of the estate, or for hauling articles required for such a forestry
estate by the occupier of the estate;

(f)for hauling, where the vehicle is registered under this Act in the name of
an occupier of agricultural land and the haulage is undertaken on behalf of
another such occupier who resides within one mile of the residence of the
first-mentioned occupier, objects of such a kind and in such circumstances
that, had the vehicle been registered as aforesaid in the name of the person
on whose behalf the objects are hauled, the haulage would have been within the
exceptions referred to in head (c), (d) or (e);

(g)for hauling, within 15 miles of agricultural land in the occupation of the
person in whose name the vehicle is registered under this Act, material to be
spread on roads to deal with frost, ice or snow;

(h)for hauling, for the purpose of clearing snow, a snow plough or similar
contrivance.

(2) For the purposes of this Schedule, a mechanically propelled vehicle shall
not be within the term "tractor" where used in the definition of "agricultural
machine" in sub-paragraph (1) [and "fisherman's tractor" in paragraph 5A],
unless it is

(a)designed and constructed primarily for use otherwise than on roads; and

(b)incapable, by reason of its construction, of exceeding a speed of 25 miles
per hour on the level under its own power.

(3) In this paragraph

(a)any reference to woodland produce includes the wood and other produce of
trees which are not woodland trees;

(b)any reference to articles required for agricultural land or for a forestry
estate includes articles which are or have been required for doing work on and
for the purposes of the land or forestry estate, except that the reference to
articles required for agricultural land by a contractor engaged to do
agricultural work on the land shall include only articles required for the
land in connection with that work.

3. In this Schedule, "digging machine" means a vehicle designed, constructed
and used for the purpose of trench digging or any kind of excavating or
shovelling work which

(a)is used on public roads only for that purpose or for the purpose of
proceeding to and from the place where it it to be used for that purpose; and

(b)when so proceeding, neither carries nor hauls any load other than such as
is necessary for its propulsion or equipment.

4. In this Schedule, "mobile crane" means a vehicle designed and constructed
as a mobile crane which

(a)is used on public roads only either as a crane in connection with work
being carried on on a site in the immediate vicinity or for the purpose of
proceeding to and from a place where it is to be used as a crane; and

(b)when so proceeding neither carries nor hauls any load other than such as is
necessary for its propulsion or equipment.

5. In this Schedule, "works truck" means a goods vehicle (within the meaning
of Schedule 4) designed for use in private premises and used on public roads
only for carrying goods between such premises and a vehicle on a road in the
immediate vicinity, or in passing from one part of any such premises to
another or to other private premises in the immediate vicinity, or in
connection with road works while at or in the immediate vicinity of the site
of such works.

[5A. In this Schedule "fisherman's tractor" means a tractor registered under
this Act in the name of a person engaged in the business of sea fishing for
food and not used on public roads for hauling anything except

(a)a fishing boat, and anything (including the catch) carried in it, which
belongs to that person or to him and other persons engaged in that business in
the same locality;

(b)fishing tackle or other equipment required by the crew, or for the
operation, of any such boat;

(c)fishing tackle or other equipment required for, and the catch resulting
from, fishing operations carried out with the tractor.]

6. In this Schedule, "haulage vehicle" means a vehicle (other than one
described in any of the foregoing paragraphs) which is constructed and used on
public roads for haulage solely and not for the purpose of carrying or having
superimposed upon it any load except such as is necessary for its propulsion
or equipment and which is not used for that purpose.

7. In this Schedule, "showman's vehicle" means a vehicle registered under
this Act in the name of a person following the business of a travelling
showman and used solely by him for the purposes of his business and for no
other purpose.

1.(1) Subject to the provisions of this Schedule, the annual rate of duty
applicable to a goods vehicle of a description specified in column 1 of Table
A in Part II shall, according to the unladen weight of the vehicle as set out
in columns 2 and 3 of that Table, be the initial rate specified in relation to
vehicles of that description and that weight in column 4 of that Table
together with any additional rate so specified in column 5 of that Table.

(2) Subject to the provisions of this Schedule, if a goods vehicle of a
description specified in column 1 of Table B in Part II is used for drawing a
trailer, the annual rate of duty applicable thereto in accordance with
sub-paragraph (1) shall be increased by the amount specified in column 4 of
that Table in relation to vehicles of that description or, where the unladen
weight of the vehicle is set out in columns 2 and 3 of that Table, by the
amount so specified in relation to vehicles of that description and weight.

2. Where a goods vehicle is partly used for private purposes, that is to say,
otherwise than for the conveyance of goods or burden for hire or reward or for
or in connection with a trade or business (including the performance by a
local or public authority of its functions), duty shall (if apart from this
paragraph it would be less) be chargeable by virtue of this Schedule at a rate
equal to that which would be chargeable in respect of that goods vehicle if
Schedule 5 were applicable to it instead of this Schedule.

3. Duty shall not be chargeable by virtue of this Schedule

(a)in respect of a vehicle chargeable with duty by virtue of Schedule 1;

(b)in respect of an agricultural machine as being a goods vehicle by reason of
the fact that it is constructed or adapted for use, and used, for the
conveyance of farming or forestry implements fitted thereto for operation
while so fitted;

(c)in respect of a mobile crane [, works truck or fisherman's tractor]; or

(d)in respect of a vehicle which, though constructed or adapted for use for
the conveyance of goods or burden, is not used for the conveyance thereof for
hire or reward or for or in connection with a trade or business (including the
performance by a local or public authority of its functions).

4. Without prejudice to paragraph 2, a vehicle shall be treated for the
purposes of this Schedule as a farmer's goods vehicle, notwithstanding that it
is partly used for private purposes as defined in paragraph 2, if, apart from
that use, it would be a farmer's goods vehicle as defined in this Schedule.

5.(1) A mechanically propelled vehicle constructed or adapted for use, and
used, for the conveyance of a machine or contrivance and no other load except
articles used in connection with the machine or contrivance, not being a
vehicle for which an annual rate of duty is specified in Schedule 3, shall,
notwithstanding that the machine or contrivance is built in as part thereof,
be chargeable with duty at the rate which would be applicable if the machine
or contrivance were burden and were not included in the unladen weight of the
vehicle.

(2) A mobile concrete mixer which, but for its conveyance of the materials
used by it in mixing concrete, would fall within sub-paragraph (1), shall be
chargeable with duty in accordance with that sub-paragraph, and shall be so
chargeable at the rate which would be applicable thereunder if so much of the
weight of its built-in machine or contrivance as exceeds 30 hundred-weight
were burden and were not included in the unladen weight of the vehicle.

6.(1) Where a goods vehicle used for drawing a trailer has the trailer
attached to it by partial superimposition, the vehicle and trailer shall, for
the purpose of determining the annual rate of duty applicable to the vehicle,
be treated as if they together formed a single vehicle, and the increase of
duty provided for by paragraph 1(2) shall not be chargeable.

(2) The increase of duty provided for by paragraph 1(2) shall not be
chargeable by reason of the use of a goods vehicle for drawing any vehicle
which, if mechanically propelled, would be exempt from duty by virtue of
section 4(1)(j) or (k).

7.(1) This paragraph and paragraph 8 apply to agricultural machines which do
not draw trailers.

(2) Subject to the provisions of this paragraph and paragraph 8, a vehicle to
which this paragraph applies shall not be chargeable with duty by virtue of
this Schedule by reason of the fact that it is constructed or adapted for use,
and used, for the conveyance of such goods or burden as are hereinafter
mentioned if they are carried in or on not more than one appliance, the
appliance is fitted either to the front or to the back of the vehicle and the
following conditions are satisfied

(a)the appliance must be removable;

(b)the area of the horizontal plane enclosed by vertical lines passing through
the outside edges of the appliance must not, when the appliance is in the
position in which it is carried when the vehicle is travelling and the
appliance is loaded, exceed 7 square feet if it is carried at the front or 15
square feet if it is carried at the back.

(3) The goods or burden referred to in sub-paragraph (2) are any goods or
burden the haulage of which is permissible under paragraph 2(1)(a) to (f) of
Schedule 3.

(4) The foregoing provisions of this paragraph shall not apply to the use of a
vehicle on a public road more than 15 miles from agricultural land in the
occupation of the person in whose name the vehicle is registered under
this Act.

(5) The foregoing provisions of this paragraph shall not apply to
three-wheeled vehicles, or to any vehicle such that the distance between the
centre of the area of contact with the road surface of

(a)a back wheel, in a case where only one appliance is being used for the
carriage of goods or burden, and is fitted to the back of the vehicle;

(b)any wheel on one side of the vehicle, in any other case;

(6) For the purposes of this paragraph, a vehicle having two wheels at the
front shall, if the distance between them (measured between the centres of
their respective areas of contact with the road) is less than 18 inches, be
treated as a three-wheeled vehicle.

8.(1) The following provisions of this paragraph shall have effect in relation
to any vehicle fitted with an appliance of any description prescribed for the
purposes of all or any of sub-paragraphs (2) to (4) by regulations under this
paragraph.

(2) The limitation in paragraph 7(2) to one appliance shall have effect as a
limitation to two appliances of which at least one must be an appliance
prescribed for the purposes of this sub-paragraph; but, if two appliances are
used, they must be fitted at opposite ends of the vehicle.

(3) Regulations under this paragraph may provide for all or any of the
following matters where an appliance prescribed for the purposes of this
paragraph is being used, that is to say, that paragraph 7(2) shall not apply
unless the prescribed appliance is fitted to the prescribed end of the
vehicle, or unless the use of the prescribed, or any, appliance is limited to
prescribed goods or burden or to use in prescribed circumstances.

(4) Regulations under this paragraph may provide that paragraph 7(2)(b) shall
not have effect in relation to appliances prescribed for the purposes of this
sub-paragraph, but that in relation thereto paragraph 7(4) shall have effect
with the substitution of such shorter distance as may be prescribed.

(5) In sub-paragraphs (2) to (4), references to use are references to use for
the carriage of goods or burden.

9.(1) In this Schedule

"agricultural machine" has the same meaning as in Schedule 3;

"farmer's goods vehicle" means a goods vehicle registered under this Act in
the name of a person engaged in agriculture and used on public roads solely by
him for the purpose of the conveyance of the produce of, or of articles
required for the purposes of, the agricultural land which he occupies, and for
no other purpose;

["fisherman's tractor" has the same meaning as in Schedule 3 to this Act;]

"goods vehicle" means a mechanically propelled vehicle (including a tricycle
as defined in Schedule 1 and weighing more than 8 hundredweight unladen)
constructed or adapted for use, and used, for the conveyance of goods or
burden of any description, whether in the course of trade or otherwise;

"mobile crane" has the same meaning as in Schedule 3;

"showman's goods vehicle" means a showman's vehicle which is a goods vehicle
and is permanently fitted with a living van, or some other special type of
body or superstructure, forming part of the equipment of the show of the
person in whose name the vehicle is registered under this Act;

"showman's vehicle" has the same meaning as in Schedule 3;

"tower wagon" means a goods vehicle

(a)into which there is built, as part of the vehicle, any expanding or
extensible contrivance designed for facilitating the erection, inspection,
repair or maintenance of overhead structures or equipment; and

(b)which is neither constructed nor adapted for use, nor used, for the
conveyance of any load, except such a contrivance and articles used in
connection therewith;

"works truck" has the same meaning as in Schedule 3.

(2) In this Schedule, "trailer" does not include

(a)an appliance constructed and used solely for the purpose of distributing on
the road loose gritting material;

(b)a snow plough;

(c)a road construction vehicle as defined in section 4(2);

(d)a farming implement not constructed or adapted for the conveyance of goods
or burden of any description, when drawn by a farmer's goods vehicle;

(e)a trailer used solely for the carriage of a container for holding gas for
the propulsion of the vehicle by which it is drawn, or plant and materials for
producing such gas.

The annual rate of duty applicable to a mechanically propelled vehicle of a
description specified in column 1 of Part II, being a vehicle in respect of
which an annual rate is not specified in Schedules 1 to 4, shall be the rate
specified in relation to vehicles of that description in column 2 of Part II.

Section 2.

Sections 4 to 7.

Section 10.

Section 12.

Section 13(1).

Sections 58 to 62.

Sections 64 to 69.

Section 74.

1. The provisions of the Transferred Excise Duties Act specified in Part I
shall, in their application for the purposes of this Act, have effect as if
references therein to

(a)transferred excise licences included references to licences under this Act;

(b)transferred excise duties included references to the duty chargeable under
this Act;

(c)the Ministry of Finance included references to the Ministry; and

(d)the Transferred Excise Duties Act included references to this Act.

2. Sections 59(2) to (4) and 61 of the Transferred Excise Duties Act shall
apply only in relation to offences contained in the provisions applied by
Part I.

1. Subject to the provisions of this Schedule, the unladen weight of any
mechanically propelled vehicle shall, for the purposes of this Act, be taken
to be the weight of the vehicle inclusive of the body and all parts (the
heavier being taken where alternative bodies or parts are used) which are
necessary to, or ordinarily used with, the vehicle when working on a road, but
exclusive of the weight of water, fuel or accumulators used for the purpose of
the supply of power for the propulsion of the vehicle, and of loose tools and
loose equipment.

2.(1) This paragraph applies to any vehicle having a body constructed or
adapted for the purpose of being lifted on or off the vehicle with goods or
burden contained therein which is from time to time actually used for that
purpose in the ordinary course of business.

(2) The unladen weight of a vehicle to which this paragraph applies shall, for
the purposes of this Act, be taken exclusive of the weight of any such body as
is described in sub-paragraph (1) and, where alternative bodies of the kind so
described are used, any such body shall be disregarded for the purposes of
this Schedule.

(3) If any question arises whether a body is from time to time actually used
for the purpose mentioned in sub-paragraph (1) in the ordinary course of
business, the body shall be deemed not to be so used until the contrary is
shown.

3.(1) In computing, for the purposes of Schedule 4, the unladen weight of a
goods vehicle, there shall, except as provided in sub-paragraph (2), be
included the weight of any receptacle, being an additional body, placed on the
vehicle for the purpose of the carriage of goods or burden of any description,
if any goods or burden are loaded into, carried in and unloaded from the
receptacle without the receptacle being removed from the vehicle.

(2) The weight of a receptacle shall not be included in the unladen weight of
a goods vehicle by virtue of sub-paragraph (1)

(a)unless the receptacle is placed on the vehicle by or on behalf of the
person in whose name the vehicle is registered under this Act; or

(b)if the receptacle is constructed or adapted for the purpose of being lifted
on or off the vehicle with goods or burden contained therein and is from time
to time actually used for that purpose in the ordinary course of business; or

(c)if the receptacle is specially constructed or specially adapted for
carrying livestock and is used solely for that purpose.

(3) If any question arises whether any receptacle is from time to time
actually used for the purpose mentioned in sub-paragraph (2)(b) in the
ordinary course of business, the receptacle shall be deemed not to be so used
until the contrary is shown.

(4) For the purposes of sub-paragraph (2)(c), a receptacle shall not be deemed
to be used otherwise than solely for carrying livestock by reason that, on a
journey the main purpose of which is the carrying of livestock or on the way
to the loading point or while returning from the discharging point on such a
journey, the vehicle is used for carrying agricultural produce or agricultural
requisites.

4.(1) For the purposes of Schedules 3 and 4, the unladen weight of a
mechanically propelled vehicle shall not, except as provided in sub-paragraph
(2), be taken to include the weight of a contrivance attached thereto, being a
contrivance designed or adapted for the purpose of enabling the vehicle to tow
or be towed.

(2) In computing the unladen weight of a vehicle, there shall not, by virtue
of this paragraph, be excluded the weight of a contrivance attached to the
rear of a vehicle chargeable with duty by virtue of Schedule 3 or of a vehicle
which is chargeable with duty by virtue of Schedule 4 and is used for drawing
a trailer, or, in any event, an amount exceeding

(a)where a contrivance, the weight of which falls to be excluded, is attached
to one end only of the vehicle, 1 hundredweight;

(b)where such a contrivance is attached to each end of the vehicle, 2
hundredweight.

5. In computing, for the purposes of Schedule 4, the unladen weight of a
goods vehicle which carries a container for holding gas for the propulsion of
the vehicle, or plant for producing such gas, the unladen weight of the
vehicle shall be reduced

(a)where the unladen weight exceeds 12 hundredweight but does not exceed 3
tons, by half a ton;

(b)where the unladen weight exceeds 3 tons but does not exceed 6 tons, by
three-quarters of a ton;

(c)where the unladen weight exceeds 6 tons, by 1 ton.

Schedule 8Amendments

1. Section 2(1) shall have effect as if

(a)there were inserted at the beginning the words "Subject to the provisions
of section 2A,";

(b)in paragraph (a) and in paragraph (b) there were added at the end the words
"running from the beginning of the month in which the licence first has
effect";

(c)there were inserted after paragraph (a) the following paragraph

"(aa)in the case of any vehicle, for one calendar year;".

2. Section 2 shall have effect as if subsections (2), (3) and (4) were
omitted.

3. Section 2(5) shall have effect as if

(a)there were inserted at the beginning the words "Subject to the provisions
of section 2A,";

(b)in paragraph (a) for the words "a period of twelve months"
there were substituted the words "one calendar year or any other period of
twelve months".

4. Section 2 shall have effect as if subsections (6) and (7) were omitted.

5. After section 2, there shall be inserted the following section

2A.(1) Subject to the following provisions of this section, the Ministry may
by order made subject to negative resolution provide that vehicle licences
(other than licences for one calendar year) may be taken out for such periods
as may be specified in the order, being periods of a fixed number of months
(not exceeding fifteen) running from the beginning of the month in which the
licence first has effect [or in the case of vehicles of such description, or
of such description and used in such circumstances, as may be so specified,
periods of less than a month.]

(2) Subject to subsections (3) and (4), a licence for any period specified in
an order under this section shall be taken out on payment of duty at such rate
as may be so specified.

(3) The rate of duty on any licence taken out for a vehicle for a period other
than one of twelve months shall be such as to bear to the annual rate of duty
applicable to that vehicle no less proportion than the period for which the
licence is taken out bears to a year.

(4) The rate of duty on any licence taken out for a vehicle for a period of
three months or for a period of four months shall not exceed for each month of
the period ten per cent. of the annual rate of duty applicable to the vehicle.

[(4A) An order under this section may be made so as to apply only to vehicles
of specified descriptions and may make different provision for vehicles of
different descriptions or for different circumstances.]

(5) The power to make orders under this section shall include power [to make
transitional provisions and] to amend or repeal the following provisions of
section 2, that is to say, in subsection (1), paragraphs (a), (b) and (c) and,
in subsection (5), paragraphs (b) and (c) and so much of the remainder of the
subsection as relates to those two paragraphs.".

6. Section 8 shall have effect as if subsections (2) and (3) were omitted.

7. Section 9 shall have effect as if

(a)in subsection (2) for the words "one-three-hundred and sixty-fifth"
there were substituted the words "one-twelfth", for the words "day in the
relevant period" there were substituted the words "calendar month or part of a
calendar month in the relevant period" and, in subsection (3), for the words
"day following that on which" there were substituted the words "calendar month
immediately following that in which";

(b)in subsection (4)

(i)in paragraph (a), for the word "day" there were substituted the words
"month or part of a month";

(ii)in paragraph (b), for the word "day" there were substituted the words
"month or part" and the words from "and that he was exempt" to "day" were
omitted;

<(iii)in paragraphs (c) and (d) and in the words following paragraph (d), for the word "day" there were in each case substituted the words "month or part";


(c)in subsection (5), for the words "In relation to any day"
there were substituted the words "In relation to any month or part of a
month", for the words "on that day" there were substituted the words "at the
beginning of that month or part" and for the words "such day"
there were substituted the words "such month or part".

8. Sections 10 and 11 shall be omitted.

9. Section 12 shall have effect as if subsections (5) and (6) were omitted.

10. Section 13 shall be omitted.

11. Sections 14 and 15 shall be omitted.

12. Section 16 shall have effect as if for subsections (5) and (6) there were
substituted the following subsections

"(5) A trade licence may be taken out either for one calendar year or, except
in the case of a licence which is to be used only for vehicles to which
Schedule 1 relates, for a period of three months beginning with the 1st
January, 1st April, 1st July or 1st October.13. Section 17 shall have effect
as if there were substituted for subsections (1) to (4) the following
subsections

"(1) The holder of a licence may at any time surrender the licence to the
Ministry.

(2) Where a licence is surrendered to the Ministry under subsection (1), the
holder shall be entitled to be repaid by the Ministry, by way of rebate of
duty paid for the licence, the following amount in respect of each complete
month of the period of the currency of the licence which is unexpired at the
date of the surrender

(a)in the case of a trade licence taken out for a period of three months only,
an amount equal to one-third of the duty charged on that licence;

(b)in the case of a licence of any other class, an amount equal to one-twelfth
of the annual rate of duty chargeable on the licence.".

14. Until the date appointed for the cesser of paragraph 10, section 17 shall
have effect as if subsection (5) were omitted.

15. On and after the said date, section 17(5) shall have effect until the date
appointed for the cesser of paragraph 13 as if paragraph (b) were omitted
together with the words from "or, if the Ministry so directs" to "application"
in the second place where it occurs.

16. Section 17 shall have effect as if subsection (6) were omitted.

17. Section 18(3) shall have effect as if for the words "number of days" there
were substituted in each place where they occur the words "number of months"
and for the words from "that period being treated" to the end
there were substituted the words "any incomplete month being treated as a
whole month".

18. Section 19(1) shall have effect as if paragraph (b) together with the
preceding "or" and the words "except where the Ministry registers the vehicle
on receiving the said particulars" were omitted.

19. Section 20 shall be omitted.

20. For section 23 there shall be substituted the following

"23.(1) Regulations under this Act may

(a)make provision with respect to the registration of mechanically propelled
vehicles;

(b)require the Ministry to make the prescribed returns with respect to
mechanically propelled vehicles registered with it, and provide for making any
particulars contained in the register available for use by the prescribed
persons on payment, in the prescribed cases, of the prescribed fee;

(c)require any person to whom any mechanically propelled vehicle is sold or
disposed of to furnish the prescribed particulars in the prescribed manner;

(d)provide for the issue of registration books in respect of the registration
of any mechanically propelled vehicle, and for the surrender and production,
and the inspection by the prescribed persons, of any books so issued;

(e)provide for the issue of new registration books in the place of any such
books which may be lost or destroyed, and for the fee to be paid on the issue
of a new registration book;

(f)prescribe the size, shape and character of the registration marks or the
signs to be fixed on any vehicle and the manner in which those marks or signs
are to be displayed and rendered easily distinguishable, whether by night or
by day.

(2) Regulations under this Act may

(a)prescribe the form of, and the particulars to be included in, the register
of trade licences;

(b)make provision for assigning general registration marks to persons holding
trade licences and, without prejudice to the foregoing, prescribe the
registration marks to be carried by vehicles the use of which is authorised by
virtue of such licences;

(c)make provision for the issue of trade plates to holders of trade licences
and for the charging of a fee for the replacement of such plates by reason of
damage to them or of their loss or destruction.

(3) Regulations under this Act may

(a)extend any of the provisions as to registration, and provisions incidental
to any such provisions, to any mechanically propelled vehicles in respect of
which duty is not chargeable under this Act (including vehicles belonging to
the Crown);

(b)provide for the identification of any such vehicles.

(4) Regulations under subsection (3) which require a person to furnish
information relating to vehicles exempted from duty by virtue of section 7(2)
[ or (2A)] may require him to furnish in addition such evidence of the facts
giving rise to the exemption as is prescribed by the regulations.".

21. Section 24 shall be omitted.

22. Section 25 shall have effect as if

(a)in subsection (1), paragraph (a), together with the last reference in that
subsection to a motor dealer, so far as it relates to that paragraph, were
omitted;

(b)in subsection (1), paragraph (b), together with the last reference in that
subsection to a motor dealer, so far as it relates to that paragraph, and the
reference therein to any other person in question, and subsection (2) were
omitted.

23. Section 26 shall have effect as if there were substituted for the
reference to section 23(1)(c) a reference to section 23(2)(c).

24. For section 34(3) there shall be substituted the following subsection

"(3) Any person who contravenes with any regulations under this Act, except
regulations under section 2(6), 11(3), 14, 20 or 24, shall be guilty of an
offence and shall be liable on summary conviction to a fine not exceeding #20;
and regulations under the said section 14, 20 or 24 may provide that a person
who contravenes any specified provision of the regulations shall be guilty of
an offence, and a person guilty of such an offence shall be liable on summary
conviction to a fine of an amount not exceeding

(a)in the case of an offence under regulations made under section 24, #50;

(b)in the case of an offence under regulations made under section 14 or 20,
#20.".

1. The Ministry may by order made subject to negative resolution make
provision for securing that anything done, before the date on which section 3
comes into operation, by or in relation to a county council in connection with
any functions transferred to the Ministry by virtue of that section is deemed
on and after that date to have been done by or in relation to the Ministry
and, without prejudice to the foregoing provisions of this paragraph, that
anything begun before that date by a county council in the exercise of such
functions may be carried on and completed on and after that date by
the Ministry.

2. Any register kept or vehicle registered under any enactment repealed by
this Act, or by any enactment repealed by this Act, shall be deemed to have
been kept or registered under this Act, and any number or identification mark
assigned to a vehicle under any enactment repealed by this Act, or by any
enactment repealed by this Act, shall, if it was the registered number or the
proper mark for the vehicle at the commencement of this Act, be deemed to have
been assigned to the vehicle under this Act.

Paras.37 spent

8. Any document made or issued (whether before or after the commencement of
this Act) referring, whether specifically or by means of a general
description, to an enactment repealed by this Act shall, unless the contrary
intention appears, be construed as referring to the corresponding provision of
this Act.

9.(1) No licence issued under this Act and in force when any of the following
modifications of this Act contained in Part I ceases to have effect under
section 37(2) shall be affected by reason of any such modification so ceasing
to have effect; nor shall any right to be repaid, by way of rebate of duty,
any such amount as is referred to in section 17(3) accruing on a surrender of
a licence before the modification contained in paragraph 13 of Part I ceases
to have effect under section 37(2), be affected by reason of that modification
so ceasing to have effect.

(2) The modifications of this Act referred to above are those contained in
paragraphs 1, 2, 3, 5, 12 and 17 of Part I.

10. In this Part

(a)"the Act of 1954" means the Vehicles (Excise) Act (Northern Ireland) 1954;

(b)references to enactments repealed by this Act include references to orders
revoked by this Act.

Schedule 10Repeals

machines; mobile cranes;

works trucks; mowing

machines; fishermen's

tractors.

showmen's vehicles.

showmen's vehicles.

tower wagons.

in any of the foregoing

provisions of this Part.

3 tons <55.00	4 tons6 tons124.00	9 tons168.00]Section 37.


1954 c.17

© 1972 Crown Copyright

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