Vehicles (Crime) Bill - continued        House of Commons

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  PART II
  REGULATION OF REGISTRATION PLATE SUPPLIERS
 
Registration
Requirement of registration for registration plate suppliers.     16. - (1) Any person who carries on business as a registration plate supplier in England or Wales without being registered by the Secretary of State shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
      (2) For the purposes of this Part a person carries on business as a registration plate supplier if he carries on a business which consists wholly or partly in selling registration plates.
 
      (3) In this Part "registered" means registered in accordance with the provisions of this Part in a register established and maintained by the Secretary of State under section 17; and cognate expressions shall be construed accordingly.
 
Register of registration plate suppliers.     17. - (1) The Secretary of State shall establish and maintain a register of persons carrying on business as registration plate suppliers.
 
      (2) Each person's entry in the register shall contain such particulars as may be prescribed.
 
      (3) The Secretary of State shall, subject to subsection (6) and such fee (if any) as may be prescribed, supply any person who has requested information contained in the register with the information that he has requested.
 
      (4) If the request is for information in the form of a copy (certified to be true) of the register or of an extract from it, the Secretary of State shall, subject to subsection (6) and such fee (if any) as may be prescribed, supply the information in that form.
 
      (5) Any such certified copy shall be evidence of the matters mentioned in it.
 
      (6) The Secretary of State may by regulations specify-
 
 
    (a) descriptions of persons who are not entitled to be supplied with information under subsection (3); and
 
    (b) descriptions of information which shall not be supplied under that subsection.
      (7) The Secretary of State may make all of the information contained in the register or information so contained of a particular description available to the Police Information Technology Organisation for use by constables for the purpose of investigating offences under this Part.
 
      (8) The Secretary of State may by regulations determine the circumstances in which any of the information to which constables have been given access under subsection (7) may be further disclosed by them.
 
Applications for registration.     18. - (1) An application for registration-
 
 
    (a) shall be made to the Secretary of State in accordance with such requirements as may be prescribed; and
 
    (b) shall be accompanied by a fee of such amount (if any) as may be prescribed.
      (2) The level of fees so prescribed may be set with a view to recovering the reasonable costs incurred by the Secretary of State in connection with the administration of this Part.
 
      (3) No application for registration shall be made under subsection (1) by a person while his registration is suspended by an order of a court under section 19.
 
      (4) The Secretary of State shall, on receiving an application under subsection (1), register the applicant.
 
Suspension of registration by a court.     19. - (1) Where a registered person is convicted of an offence under this Part the court before which he is convicted may, instead of or in addition to imposing a fine, by order suspend his registration for any period of up to five years.
 
      (2) The suspension shall not have effect-
 
 
    (a) if no appeal is brought, before the end of the period for bringing an appeal to the Crown Court has passed;
 
    (b) if an appeal is brought, before the final determination or withdrawal of the appeal.
      (3) The Secretary of State shall amend the register to reflect the suspension effected by the court but need not do so until the suspension has effect.
 
Cancellation of registration by the Secretary of State.     20. - (1) The Secretary of State may cancel a person's registration if he is satisfied that the person concerned is not carrying on business as a registration plate supplier and has not, while registered, been doing so for at least 28 days.
 
      (2) A cancellation under subsection (1) shall not have effect-
 
 
    (a) if no appeal is brought under section 22, before the end of the period of 21 days mentioned in subsection (2) of that section;
 
    (b) if an appeal is brought under that section, before the final determination or withdrawal of the appeal.
      (3) This section is subject to section 21.
 
Right to make representations: Part II.     21. - (1) The Secretary of State shall not cancel a person's registration under section 20 unless the Secretary of State has complied with the provisions of this section.
 
      (2) The Secretary of State shall serve a notice on the person concerned stating-
 
 
    (a) what he is proposing to do;
 
    (b) the reasons for it; and
 
    (c) the period (not less than 14 days starting with the date of service of the notice) within which the person concerned may by notice-
 
      (i) require the Secretary of State to give him an opportunity to make representations about the proposal; or
 
      (ii) inform the Secretary of State that he does not wish to make any such representations.
      (3) Where a notice has been served by the Secretary of State under subsection (2), the Secretary of State shall not proceed with his proposed cancellation until-
 
 
    (a) the person concerned has made representations about it or informed the Secretary of State that he does not wish to make any such representations;
 
    (b) the period mentioned in subsection (2)(c) has passed without the Secretary of State being required to give the person concerned an opportunity to make representations or without the Secretary of State being informed that the person concerned does not wish to make any representations; or
 
    (c) the conditions specified in subsection (4) are satisfied.
      (4) The conditions are that-
 
 
    (a) the person concerned has required the Secretary of State to give him an opportunity to make representations to the Secretary of State about the proposal;
 
    (b) the Secretary of State has allowed that person a reasonable period to make his representations; and
 
    (c) the person concerned has failed to make his representations within that period.
      (5) The representations may be made orally or in writing.
 
      (6) If the person concerned informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give that person an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.
 
      (7) If the Secretary of State decides to proceed with his proposed cancellation, he shall serve a notice on the person concerned informing him of the Secretary of State's decision to proceed and of the cancellation.
 
      (8) A notice under subsection (7) shall also inform the person concerned of-
 
 
    (a) his right to appeal under section 22 against the cancellation;
 
    (b) the time within which such an appeal may be brought; and
 
    (c) the date on which the cancellation is to have effect.
Appeals: Part II.     22. - (1) An appeal against the cancellation by the Secretary of State under section 20 of a person's registration may be brought to a magistrates' court.
 
      (2) An appeal under this section shall be brought within the period of 21 days beginning with the day on which the person concerned is served with a notice under section 21(7).
 
      (3) The procedure on an appeal under this section shall be by way of complaint for an order and in accordance with the Magistrates' Courts Act 1980.
 
      (4) For the purposes of the time limit for bringing an appeal under this section the making of the complaint shall be treated as the bringing of the appeal.
 
      (5) On an appeal under this section, the magistrates' court concerned may confirm, vary or reverse the Secretary of State's decision and generally give such directions as it considers appropriate having regard to the provisions of this Part.
 
      (6) It shall be the duty of the Secretary of State to comply with any directions given by a magistrates' court under subsection (5); but the Secretary of State need not comply with any directions given by the court-
 
 
    (a) until the time for making an application under section 111 of the Magistrates' Courts Act 1980 (application by way of case stated) has passed; or
 
    (b) if such an application is made, until the final determination or withdrawal of the application.
 
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Prepared 7 December 2000