The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1996

UK Statutory Instrument 1996 No. 107 — creates 7 criminal offences.

7offences created

0recorded in force

7revoked

Made: 20 January 1996
In force from: 20 February 1996
Extent: Not stated
Subject: Tax, customs and excise
Made under: Schedule 2A to, the Vehicle Excise and Registration Act 1994

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations provide for the immobilisation of unlicensed mechanically propelled vehicles found stationary on public roads in the designated clamping areas referred to in Schedule 2. Regulation 5 enables a person authorised by the Secretary of State to fix an immobilisation device to such a vehicle. Regulation 6 states the conditions to be fulfilled (including the payment of prescribed charges specified in Schedule 1) for the release of a vehicle from an immobilisation device and regulation 7 sets out the exemptions from immobilisation. Offences in connection with immobilisation (including unlawful interference with an immobilisation device and falsely claiming exemption to secure the release of a vehicle) are created by regulations 8 and 9. Part III (regulations 10 to 15) provides for the removal and disposal of vehicles immobilised under the Regulations, for the retention of a removed vehicle until prescribed charges are paid and for the conditions under which a removed vehicle can be recovered. It is made an offence to obtain possession of a removed vehicle by falsely claiming that it is exempt from vehicle excise duty. When a vehicle has been disposed of, the owner can claim a sum equal to the proceeds of sale after deduction of prescribed charges. Regulation 16 provides for the issue of a voucher on the making of a “surety payment” under regulation 6 or 13, where a vehicle is released after immobilisation or removal but a licence for the vehicle is not produced, and for obtaining a refund of the surety payment when the vehicle is licenced. Regulation 17 creates offences relating to false declarations in connection with obtaining vouchers or refunds and to the forgery, or fraudulent alteration or use, of vouchers. Provision is made by regulation 18 for disputes about charges paid to secure the release of a vehicle from an immobilisation device, or to secure possession of it after its removal, to be referred to a person authorised by the Secretary of State. An appeal against the determination of the authorised person can be made to a magistrates' court.

Offences created by this instrument

Where— a a person makes a declaration with a view to securing possession of a vehicle purported to have been delivered… regulation 14(1) · Revoked · Strict liability
Where a person who, in connection with— a obtaining a voucher under regulation 16, or b obtaining a refund of any sum… regulation 17(1) · Revoked · Strict liability
A person is guilty of an offence if he forges, fraudulently alters, fraudulently uses or fraudulently lends a voucher… regulation 17(2) · Revoked · Requires proof of a state of mind
Removal of or interference with immobilisation notice regulation 8(2) · Revoked · Strict liability
Removal of or interference with immobilisation notice regulation 8(3) · Revoked · Strict liability
Where these Regulations would apply in relation to a vehicle but for the provisions of regulation 7(1) and (2)(a) and… regulation 9(1) · Revoked · Strict liability
Where— a a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device… regulation 9(2) · Revoked · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Road Traffic Commons · Commons Chamber · 12 March 1996
That the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1996 (S.I., 1996, No. 107) be referred to a Standing Committee on Delegated Legislation.— [Mr. Bates.]

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1996