Statutory Instrument 2002 No. 1916

      The Motor Salvage Operators Regulations 2002


      © Crown Copyright 2002

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STATUTORY INSTRUMENTS


2002 No. 1916

ROAD TRAFFIC, ENGLAND AND WALES

The Motor Salvage Operators Regulations 2002

  Made 17th July 2002 
  Laid before Parliament 24th July 2002 
  Coming into force 21st October 2002 

The Secretary of State, in exercise of the powers conferred upon him by section 2(3), 3(1), 7(1), 7(3) and 41(2) of the Vehicles (Crime) Act 2001[1], having regard to the definition of "prescribed" in section 16(1) of that Act, and sections 13 and 105(2) of the Local Government Act 2000[2], hereby makes the following Regulations:

Citation, commencement and extent
     1. These Regulations, which extend to England and Wales, may be cited as the Motor Salvage Operators Regulations 2002 and shall come into force on 21st October 2002.

Interpretation
    
2. In these Regulations - 

    "the 2001 Act" means the Vehicles (Crime) Act 2001;

    "bankrupt" has the same meaning as in section 381 of the Insolvency Act 1986[4].

Particulars of each motor salvage operator's entry on the register
     3. For the purposes of section 2(3) of the 2001 Act, the prescribed particulars of each motor salvage operator's entry in the register are - 

Requirements for registration or renewal of registration
    
4. For the purposes of section 3(1) of the 2001 Act, an application for registration in a register for a particular area or an application for the renewal of such registration must contain the following information:

Requirement for records to be kept by registered persons
    
5.  - (1) For the purposes of section 7(1) registered persons must keep the records set out in this regulation.

    (2) These records may be maintained in either electronic or manual form and must be located at or, in the case of electronic records, accessible from the registered place of business.

    (3) When a registered person receives any vehicle he must make and keep a record of the following information - 

    (4) When a registered person sells or otherwise disposes of any vehicle, he must add the following pieces of information to the record made under paragraph (2) of this Regulation - 

    (5) The records referred to in this Regulation must be kept for a period of six years from the date of the last entry on the record for the vehicle.

    (6) The requirements imposed by regulations 5(3)(a), (b) and (e) and 5(4)(a), (b) and (e) are hereby specified as provisions to which section 7(4) of the 2001 Act applies.

Functions which are not to be the responsibility of a local authority's executive
    
6. In paragraph B of Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000[5] (licensing and registration functions), at the end, there shall be added - 

    (a) in column (1) - 

         " 71. Power to register motor salvage operators."; and

    (b) in column (2), in relation to the entry in column (1) for item 71 - 

    " Part I of the Vehicles (Crime) Act 2001 (c.3).".


John Denham
Minister of State

Home Office
17th July 2002



EXPLANATORY NOTE

(This note is not part of the Regulations)


Part 1 of the Vehicles (Crime) Act 2001 introduces powers to regulate the motor salvage industry and require motor salvage operators to register with local authorities and to keep records. These Regulations make detailed provision for the keeping of the register by local authorities; application by motor salvage operators for registration, and requirements for record keeping by registered persons. Non compliance with the record keeping requirements referred to in Regulation 5(6) of these Regulations will be an offence under section 7(4) of the 2001 Act. The power to register motor salvage operators is not a function of the local authority's executive for the purposes of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000.


Notes:

[1] 2001 c.3.back

[2] 2000 c.22.back

[3] 1890 53 & 54 Vict. c.39.back

[4] 1986 c.45.back

[5] S.I. 2000/2853; a relevant amending statutory instrument is S.I. 2001/2212.back



ISBN 0 11 042635 5


 

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Prepared 13 August 2002