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[a] The Secretary of State, exercising the powers conferred upon him by sections 153 and 172 of the Serious Organised Crime and Police Act 2005[1], makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Disclosure of Vehicle Insurance Information Regulations 2005 and shall come into force on 4th November 2005. Interpretation 2. —(1) In these Regulations—
(b) the information specified in regulation 3(2);
(2) In these Regulations an "insurance policy" means a policy of insurance or a security covering the use of a motor vehicle on a road or other public place which satisfies the conditions—
(b) in the case of a security, specified in section 146 of the 1988 Act.
(3) A motor vehicle is treated as covered by an insurance policy whilst it is exempt from compliance with section 143 of the 1988 Act as a result of the operation of section 144 (1) or (2) of that Act.
(b) the make and model of the motor vehicle (where shown on the motor insurance database); and (c) the date when the insurance policy ceased to be in force in relation to the use of that motor vehicle.
Use of information provided by MIIC
(b) may be used directly by constables to assist them to determine if a vehicle has been used by a person who is not insured, contrary to section 143 of the 1988 Act.
(2) A chief officer of police may arrange for the processed information received by him in accordance with paragraph (1) be further processed into a form in which it may be used by constables to determine if a vehicle has been used by a person who is not insured, contrary to section 143 of the 1988 Act (This note is not part of the Regulations) These Regulations, which are made under section 153 of the Serious Organised Crime and Police Act 2005, make provision for the Motor Insurers' Information Centre ("MIIC") to provide information relating to the uninsured use of motor vehicles to the Police Information Technology Organisation ("PITO"). Regulation 3 requires MIIC to provide to PITO a list of vehicles, the use of which was covered by a policy of insurance on the reference date but is not covered under such a policy when the list is generated. The information must be provided at intervals specified by PITO. Information which must be provided is the vehicle registration mark, the make and model of the vehicle (where this is available to MIIC) and the date on which the vehicle ceased to have a record of insurance on the database. Regulation 4 permits PITO to process information provided by MIIC so that it is available in a form that may assist a constable to determine if a vehicle has been used by a person who is not insured, contrary to section 143 of the Road Traffic Act 1988 (the "1988 Act"). A chief officer of police may arrange for that information received by him from PITO is further processed into a form in which it may be used by a constable. A constable may use the processed information provided by PITO to assist him in deciding whether to use his powers under section 165 of the 1988 Act to require a person who is, or may have been, driving a vehicle to produce evidence that use of the vehicle is insured. The information provided to a constable by PITO should not be further disclosed by him except for the purposes of legal proceedings for contravening the 1988 Act or legislation made under it. A Regulatory Impact Assessment has not been completed because costs incurred by business are minimal. Notes: [1] 2005 c. 15back
[a] Amended by Correction Slip. Page 1; the preamble originally read: Organised The Secretary of State, exercising the powers conferred upon him by sections 153 and 172 of the Serious Crime and Police Act 2005[1], makes the following Regulations: should read: "The Secretary of State, exercising the powers conferred upon him by sections 153 and 172 of the Serious Organised Crime and Police Act 2005[1], makes the following Regulations:". back
ISBN 0 11 073459 9
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