The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997

UK Statutory Instrument 1997 No. 2439 — creates 7 criminal offences.

7offences created

0recorded in force

0revoked

Made: 9 October 1997
In force from: 30 November 1997
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 replace the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1996, as amended by the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1997, which only applied in Greater London and provided that a vehicle could only be removed if it had previously been immobilised. The Regulations provide for the immobilisation and removal of unlicensed mechanically propelled vehicles found stationary on public roads in England and Wales. Regulation 4 sets out circumstances in which the Regulations do not apply. Regulation 5 enables a person authorised by the Secretary of State to fix an immobilisation device to an unlicensed 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. 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 7 and 8. Part III (regulations 9 to 14) provides for the removal and disposal of vehicles 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. A vehicle may be removed although it has not previously been immobilised. 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 15 provides for the issue of a voucher on the making of a “surety payment”under regulation 6 or 12, 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 licensed. Regulation 16 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 17 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 13(1) · Status not determined · Strict liability
Where a person who, in connection with— a obtaining a voucher under regulation 15, or b obtaining a refund of any sum… regulation 16(1) · Status not determined · Strict liability
A person is guilty of an offence if he forges, fraudulently alters, fraudulently uses or fraudulently lends a voucher… regulation 16(2) · Status not determined · Requires proof of a state of mind
Removal of or interference with immobilisation notice or device regulation 7(2) · Status not determined · Strict liability
Removal of or interference with immobilisation notice or device regulation 7(3) · Status not determined · Strict liability
Where these Regulations would apply in relation to a vehicle but for the provisions of regulation 4(1) and (2)(a) and… regulation 8(1) · Status not determined · Strict liability
Where— a a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device… regulation 8(2) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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 1997