Joint Committee on Statutory Instruments Thirtieth Report


Memorandum by the Department of the Environment, Transport and the Regions


1.  At its meeting on 31st March the Committee instructed that the Department be requested to submit a Memorandum on the following point:

    Given the terms of section 21 (in particular section 21(3)) of the 1994 Act under which this instrument is made, should not the reference in regulation 2(1) (registration fee for a mechanically propelled vehicle) to "section 22" of that Act be a reference to "section 21"?

2.  The Committee is quite correct. There has been an error. Section 21(3) of the Vehicle Excise and Registration Act 1994 enables regulations to provide that a vehicle shall not be registered "under this section" until a fee has been paid. The reference to section 22 (under which a vehicle cannot in fact be registered) should therefore be to section 21.

3.  As the Committee points out, the Regulations are made under section 21(3). Accordingly, the only effect they can have is to prevent the registration of a vehicle under section 21 unless a fee has been paid. In order to correct the error, however, and to remove all doubt and scope for argument on the issue, the Department will make amending Regulations immediately. For the same reasons, the Department intends to bring the amending Regulations into force as soon as possible and therefore without on this occasion observing the 21 day rule. The Department is grateful to the Committee for pointing out this error.

7th April 1998

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