text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) Amendment Regulations 1996 and shall come into force on 27th March 1996.
2
In these Regulations —
“new police authority” means a police authority established under section 3 of the Police Act 1964 as substituted by section 2 of the Magistrates' Courts Act 1994 ; and
“the principal Regulations ” means the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 .
Transitional modifications of the principal Regulations
2
1
The principal Regulations shall have effect where the relevant year is the financial year beginning in 1996, as modified by the following paragraph.
2
In relation to a relevant major precepting authority which is a new police authority —
a
Part I of Schedule 3 shall have effect as if paragraph 8 did not apply, and
b
Part II of Schedule 3 shall have effect as if paragraph 1 did read —
The information mentioned in paragraphs 1 to 7, 9 and 10 of Part I above.
.
Signed by the authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
1st March 1996


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Personnel Services) (Exemption) (England and Wales) Order 1996 and shall come into force on 16th April 1996.
2
This Order applies to local authorities in England and Wales only.
3
In this Order “work” means personnel services .
Exemption for certain training arrangements
2
1
Work shall not be treated as a defined activity so long as the work is carried out for the purposes of the provision (by a local authority acting jointly with any other person) of training in social work by way of a course approved or promoted by, or other training promoted by, the Council in accordance with section 10 of the 1983 Act .
2
In this article —
“the 1983 Act” means the Health and Social Services and Social Security Adjudications Act 1983 ;
“the Council” means the Central Council for Education and Training in Social Work, continued in being by section 10 of the 1983 Act; and
“social work” means any social work in relation to which the Council has functions by virtue of section 10 of the 1983 Act .
Exemption for training undertaken in conjunction with Training and Enterprise Councils
3
1
Work shall not be treated as a defined activity so long as the work is carried out by a local authority in conjunction with a TEC and the TEC is acting pursuant to an arrangement with the Secretary of State made under section 2 of the Employment and Training Act 1973 .
2
In this article “a TEC” means a training and enterprise council established in order to provide assistance in relation to the matters mentioned in section 2(1) of the Employment and Training Act 1973.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
18th March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
19th March 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Electricity Supply Industry and Water Undertakers (Rateable Values) Amendment Order 1996 and comes into force on 31st March 1996.
2
In this Order —
“the 1994 Electricity Order ” means the Electricity Supply Industry (Rateable Values) Order 1994 ; and
“the 1994 Water Order ” means the Water Undertakers (Rateable Values) Order 1994 .
Amendments to the 1994 Electricity Order
2
1
The 1994 Electricity Order is amended in accordance with the following paragraphs.
2
In regulation 8B(2) omit “each class of English hereditaments and”.
3
At the end of regulation 8B add —
3
In the case of each class of English hereditaments occupied by Nuclear Electric plc, its rateable value on a day on or after 1st April 1995 and before 31st March 1996 —
a
if W is 0, shall be T; or
b
if W is greater or less than 0, shall be calculated in accordance with the formula
T + W.
.
4
After article 8B insert —
Nuclear Electric plc — England
8C
1
The rateable value for 31st March 1996, in respect of each class of English hereditaments occupied by Nuclear Electric plc, shall be £34,704,255.
2
The rateable value for the year beginning on 1st April 1996, in respect of each class of English hereditaments occupied by Nuclear Electric plc shall be £34,622,125.
3
The rateable value for any year beginning on or after 1st April 1997 for each class of English hereditaments occupied by Nuclear Electric plc shall be calculated in accordance with the formula
P + U ,
where
P is the rateable value in respect of that class of hereditaments for 1st April 1996.
AGR & PWR Co. Limited
8D
1
The rateable value for 31st March 1996, in respect of each class of English hereditaments occupied by AGR & PWR Co. Limited shall be £99,514,145.
2
The rateable value for 1st April 1996, in respect of each class of English hereditaments occupied by AGR & PWR Co. Limited, shall be £116,974,983.
3
The rateable value for any year beginning on or after 1st April 1997, in respect of each class of English hereditaments occupied by AGR & PWR Co. Limited shall be calculated in accordance with the formula
P + U ,
where
P is the rateable value in respect of that class of hereditaments for 1st April 1996.
.
5
In article 9(2), omit “any class of English hereditaments and”.
6
At the end of article 9 add —
3
In relation to any class of English hereditaments occupied by AGR & PWR Co. Limited or Nuclear Electric plc, the recalculation factor in respect of a relevant year shall be the figure produced by applying in relation to that class the formula —
£ 16,426 ( N - n )
where
N is the total declared net capacity of generating plant in or on the hereditaments occupied by AGR & PWR Co. Limited or, as the case may be, Nuclear Electric plc in England on 31st March in the relevant preceding year, and n is the total declared net capacity of generating plant in or on the hereditaments occupied by that person on 31st March 1996.
.
7
In Part I of the Schedule at the end of section A add the entry “AGR & PWR Co. Limited”.
Amendments to the 1994 Water Order
3
1
In article 5(b), after “article 10” insert “or 11”.
2
After article 10 add —
Rateable value for Bournemouth and West Hampshire Water plc
11
1
In relation to the class of hereditaments occupied by Bournemouth and West Hampshire Water plc these Regulations apply as if —
a
for the definition of “the standard formula”, there were substituted —
“the standard formula” means the formula
P + U
where —
a
P is £3,299,900, and
b
U is the recalculation factor applicable to the class of hereditaments occupied by Bournemouth and West Hampshire Water plc; and
, and
b
in the formula in article 7(2) for “T”, there were substituted “P” and at the end of the paragraph there were added “where P is £3,299,900”.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
21st March 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
22nd March 1996


text:
1
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 3) Regulations 1996 and, subject to paragraph (2) below, shall come into force on 1st June 1996.
2
Where —
a
28th April 1996 falls within the prescribed accounting period of a taxable person, and
b
that prescribed accounting period ends on or after 1st June 1996, the amendments made by regulations 10 and 14 below shall not, in relation to that taxable person, have effect until the day after the end of that prescribed accounting period.
2
In these Regulations unless the context otherwise requires —
“Part” refers to the relevant Part of the principal Regulations ;
and,
“the principal Regulations” means the Value Added Tax Regulations 1995 .
3
The principal Regulations are amended in accordance with the following regulations.
4
In regulation 2(1) there is inserted immediately after the meaning given for “datapost packet” —
“fiscal or other warehousing regime” means “fiscal warehousing regime or warehousing regime”;
.
5
In regulation 9(2) between the expressions “date of death,” and “or of the nature of the incapacity” there is inserted —
the date of the bankruptcy order,
.
6
In regulation 13(1) there is inserted after the word “invoice” —
(unless, in the case of that supply, he is entitled to issue and issues a VAT invoice pursuant to section 18C(1)(e) of the Act and regulation 145D(1) below in relation to the supply by him of specified services performed on or in relation to goods while those goods are subject to a fiscal or other warehousing regime)
.
7
1
In regulation 14(1), between the words “and regulation 16” and “a registered person”, the comma is omitted and there is inserted —
and save as the Commissioners may otherwise allow,
.
2
In regulation 14(2) the comma immediately following the words “VAT invoice” is omitted and the following expression is inserted immediately after the word “particulars” —
, save as the Commissioners may otherwise allow
.
8
In regulation 31(1) there is inserted between sub-paragraphs (d) and (e) the following sub-paragraph —
da
all certificates —
i
prepared by him relating to acquisitions by him of goods from other member States, or
ii
given to him relating to supplies by him of goods or services,
provided that, owing to provisions in force which concern fiscal or other warehousing regimes, those acquisitions or supplies are either zero-rated or treated for the purposes of the Act as taking place outside the United Kingdom,
.
9
Regulation 40 is substituted with the following —
40
1
Any person making a return shall in respect of the period to which the return relates account in that return for —
a
all his output tax,
b
all VAT for which he is accountable by virtue of Part XVI of these Regulations,
c
all VAT which he is required to pay as a result of the removal of goods from a fiscal warehousing regime, and
d
all VAT which he is required to pay as a result of a supply of specified services (performed on or in relation to goods at a time when they are subject to a warehousing regime) being zero-rated under section 18C(1) of the Act where —
i
that warehousing regime is one where goods are stored without payment of any duty of excise,
ii
those goods are subject to a duty of excise,
iii
those goods have been the subject of an acquisition from another member State and the material time for that acquisition was while those goods were subject to that warehousing regime, and,
iv
there was no supply of those goods while they were subject to that warehousing regime.
The amounts to be entered on that return shall be determined in accordance with these Regulations.
2
Any person required to make a return shall pay to the Controller such amount of VAT as is payable by him in respect of the period to which the return relates not later than the last day on which he is required to make that return.
3
The requirements of paragraphs (1) or (2) above shall not apply where the Commissioners allow or direct otherwise.
.
10
In regulation 41, paragraphs (2) and (3) are omitted.
11
Regulation 43(2) is replaced with —
2
Where a person to whom this regulation applies is —
a
the person who is liable under section 18(4)(b) of the Act to pay VAT on a supply of goods while the goods are subject to a warehousing regime, or
b
liable under section 18D(2) of the Act to pay VAT on a supply of services to which section 18C(3) of the Act applies (specified services performed on or in relation to goods which are subject to a warehousing regime),
he may pay that VAT at or before the relevant time determined in accordance with paragraph (3) below instead of at the time provided for by sections 18(4)(b) or 18D(2)(a) of the Act.
.
12
There is inserted immediately after Part XVI a part to be known as “Part XVI(A) — Fiscal and other warehousing regimes”.
13
The Part XVI(A) referred to in regulation 12 above shall read as follows.
PART XVI(A)
FISCAL AND OTHER WAREHOUSING REGIMES
Interpretation of Part XVI(A)
145A
1
In this Part unless the context otherwise requires —
“eligible goods” has the meaning given by section 18B(6);
“fiscal warehouse” includes all fiscal warehouses kept by the same fiscal warehousekeeper;
“material time” has the meaning given by section 18F(1) in the case of a fiscal warehousing regime and section 18(6) in the case of a warehousing regime;
“regulation” or “regulations” refers to the relevant regulation or regulations of these Regulations; and,
“section” or “sections” refers to the relevant section or sections of the Act.
2
For the purposes of this Part, where a fiscal warehousekeeper keeps one or more fiscal warehouses there shall be associated with him a single fiscal warehousing regime; and “relevant fiscal warehousekeeper”, “relevant fiscal warehouse”, “relevant fiscal warehousing regime”, “his fiscal warehouse”, “his fiscal warehousing regime” and similar expressions shall be construed in this light.
Fiscal warehousing certificates
145B
1
The certificate referred to in section 18B(1)(d) (certificate relating to acquisitions in or intended for fiscal warehousing) and the certificate referred to in section 18B(2)(d) (supplies of goods intended for fiscal warehousing) shall contain the information indicated in the form numbered 17 in Schedule 1 to these Regulations.
2
A certificate prepared under section 18B(1)(d) by an acquirer who is not a taxable person shall be kept by him for a period of six years commencing on the day the certificate is prepared; and he shall produce it to a proper officer when that officer requests him to do so.
Certificates connected with services in fiscal or other warehousing regimes
145C
The certificate referred to in section 18C(1)(c) (certificate required for the zero-rating of certain services performed on or in relation to goods while those goods are subject to a fiscal or other warehousing regime) shall contain the information indicated in the form numbered 18 in Schedule 1 to these Regulations.
VAT invoices relating to services performed in fiscal or other warehousing regimes
145D
1
This regulation applies to the invoice referred to in section 18C(1)(e) (invoice required for the zero-rating of the supply of certain services performed on or in relation to goods while those goods are subject to a fiscal or other warehousing regime).
2
The invoice shall be known as a VAT invoice and shall state the following particulars (unless the Commissioners allow any requirement of this paragraph to be relaxed or dispensed with) —
a
an identifying number,
b
the material time of the supply of the services in question,
c
the date of the issue of the invoice,
d
the name, an address and the registration number of the supplier,
e
the name and an address of the person to whom the services are supplied,
f
a description sufficient to identify the nature of the services supplied,
g
the extent of the services and the amount payable, excluding VAT, expressed in sterling,
h
the rate of any cash discount offered,
i
the rate of VAT as zero per cent, and
j
a declaration that in respect of the supply of services in question, the requirements of section 18C(1) will be or have been satisfied.
3
The supplier of the services in question shall issue the invoice to the person to whom the supply is made within thirty days of the material time of that supply of services (or within such longer period as the Commissioners may allow in general or special directions).
Fiscal warehousing regimes
145E
1
Upon any eligible goods entering a fiscal warehouse the relevant fiscal warehousekeeper shall record their entry in his relevant fiscal warehousing record.
2
Eligible goods shall only be subject to or in a fiscal warehousing regime at any time —
a
while they are allocated to that regime in the relevant fiscal warehousing record;
b
while they are not identified in that record as having been transferred; or,
c
prior to their removal from that regime.
The fiscal warehousing record and stock control
145F
1
In addition to the records referred to in regulation 31, a fiscal warehousekeeper shall maintain a fiscal warehousing record for any fiscal warehouse in respect of which he is the relevant fiscal warehousekeeper.
2
The fiscal warehousing record may be maintained in any manner acceptable to the Commissioners. In particular, it shall be capable of —
a
ready use by any proper officer in the course of his duties; and
b
reproduction into a form suitable for any proper officer to readily use at a place other than the relevant fiscal warehouse.
3
Subject to paragraph (4) below, the fiscal warehousing record shall have the features and shall comply with the requirements set out in Schedule 1A to these Regulations.
4
In respect of any goods the relevant fiscal warehousing record shall not be required to record events more than six years following —
a
the transfer or removal of those goods from the relevant fiscal warehousing regime; or,
b
the exit of those goods from the relevant fiscal warehouse (in the case of goods which were not allocated to the relevant fiscal warehousing regime).
5
A fiscal warehousekeeper, upon receiving a request to do so from any proper officer, shall —
a
produce his fiscal warehousing record to that officer and permit him to inspect or take copies of it or of any part of it (as that officer shall require); or,
b
facilitate and permit that officer to inspect any goods which are stored or deposited in his fiscal warehouse (whether or not those goods are allocated to the relevant fiscal warehousing regime).
Fiscal warehousing transfers in the United Kingdom
145G
1
Subject to paragraphs (2) and (3) below, a fiscal warehousekeeper (“the original fiscal warehousekeeper”) may permit eligible goods which are subject to his fiscal warehousing regime (“the original regime”) to be transferred to another fiscal warehousing regime (“the other regime”) without those goods being treated as removed from the original regime.
2
The original fiscal warehousekeeper shall not allow eligible goods to exit from his fiscal warehouse in pursuance of this regulation before he receives a written undertaking from the fiscal warehousekeeper in relation to that other fiscal warehousing regime (“the other fiscal warehousekeeper”) that, in respect of those eligible goods, the other fiscal warehousekeeper will comply with the requirements of paragraph (3) below.
3
The other fiscal warehousekeeper, upon the entry of the goods to his fiscal warehouse, shall —
a
record that entry in his fiscal warehousing record; and,
b
allocate those goods to his fiscal warehousing regime.
Furthermore, within 30 days commencing with the day on which those goods left the original fiscal warehouse, he shall —
deliver or cause to be delivered to the original fiscal warehousekeeper a certificate in a form acceptable to the Commissioners confirming that he has recorded the entry of those goods to his fiscal warehouse and allocated them to his fiscal warehousing regime; and,
retain a copy of that certificate as part of his fiscal warehousing record.
Removal of goods from a fiscal warehousing regime and transfers overseas
145H
1
Without prejudice to sections 18F(5), 18F(6) and the following paragraphs of this regulation, eligible goods which are allocated to a fiscal warehousing regime shall only be removed from that regime at the time and in any of the following circumstances —
a
when an entry in respect of those eligible goods is made in the relevant fiscal warehousing record which indicates the time and date of their removal from that regime;
b
when the eligible goods are moved outside the fiscal warehouse in respect of which they are allocated to a fiscal warehousing regime (except in the case of movements between fiscal warehouses kept by the same fiscal warehousekeeper); or,
c
at the time immediately preceding a retail sale of those eligible goods.
The person who shall be treated as the person who removes or causes the removal of the relevant goods from the relevant fiscal warehousing regime in any of the circumstances described above shall be, as the case requires, either the person who causes any of those circumstances to occur or, in the case of sub-paragraph (c), the person who makes the retail sale referred to there.
2
Subject to paragraph (3) below, eligible goods which are subject to a fiscal warehousing regime shall not be treated as removed from that regime but shall be treated as transferred or as being in the process of transfer, as the case requires, in any of the following circumstances —
a
where the goods in question are transferred or are in the process of transfer to another fiscal warehousing regime in pursuance of regulation 145G(1) above;
b
where the goods in question are transferred or are in the process of transfer to arrangements which correspond in effect, under the law of another member State, to section 18B(3) (fiscal warehousing) whether or not those arrangements also correspond in effect to section 18C(1) (zero-rating of certain specified services performed in a fiscal or other warehousing regime);
c
where the goods in question are exported or are in the process of being exported to a place outside the member States; or,
d
where the goods in question are moved temporarily to a place other than the relevant fiscal warehouse for repair, processing, treatment or other operations (subject to the prior agreement of and to conditions to be imposed by the Commissioners).
3
Where any relevant document referred to in paragraph (4) below is not received by the relevant fiscal warehousekeeper within the time period indicated there (commencing on the day on which the relevant eligible goods leave his fiscal warehouse), he shall —
a
make an entry by way of adjustment to his fiscal warehousing record to show the relevant goods as having been removed from his fiscal warehousing regime at the time and on the day when they left;
b
identify in his fiscal warehousing record the person on whose instructions he allowed the goods to leave his fiscal warehouse as the person removing those goods and that person’s address and registration number (if any); and,
c
notify the person on whose instructions he allowed the goods to leave his fiscal warehouse that the relevant document has not been received by him in time.
4
The document and time period referred to in paragraph (3) above is, as the case requires, either —
a
the certificate referred to in regulation 145G(3)(c) confirming the completion of a transfer of eligible goods from the relevant fiscal warehousing regime to another fiscal warehousing regime (30 days);
b
a document evidencing the completion of the transfer of the eligible goods from the relevant fiscal warehousing regime directly to arrangements which correspond, in another member State, to fiscal warehousing (60 days); or,
c
a document evidencing the export of the eligible goods from the relevant fiscal warehousing regime to a place outside the member States (60 days).
145I
1
A fiscal warehousekeeper shall not remove or allow the removal of any eligible goods from his fiscal warehousing regime at any time before —
a
he has inspected and placed on his fiscal warehousing record a copy of the relevant document issued by the Commissioners under regulation 145J(1) (removal document); or,
b
he is provided with the registration number of a person registered under the Act and a written undertaking from that person that any VAT payable by that person as the result of any removal of eligible goods from that fiscal warehousing regime will be accounted for on that person’s return in accordance with regulation 40(1)(c).
2
Without prejudice to section 18E, where a fiscal warehousekeeper allows the removal of any eligible goods to take place from his fiscal warehousing regime otherwise than in accordance with this regulation, he shall be jointly and severally liable with the person who removes the goods for the payment of the VAT payable under section 18D(2) to the Commissioners.
3
Paragraphs (1) and (2) above shall not apply to a removal which is the result of an entry in the relevant fiscal warehousing record made by the relevant fiscal warehousekeeper in compliance with regulation 145H(3)(a) (non-receipt of a document following transfer or export).
Payment on removal of goods from a fiscal warehousing regime
145J
1
The Commissioners may, in respect of a person who is seeking to remove or cause the removal of eligible goods from a fiscal warehousing regime, —
a
accept from or on behalf of that person payment of the VAT payable (if any) as a result of that removal, and
b
issue to that person a document bearing a reference or identification number.
2
The Commissioners need not act in accordance with paragraph (1) above unless, as the case requires, they are satisfied as to —
a
the value and material time of any supply of the relevant goods in the fiscal warehousing regime which is treated as taking place in the United Kingdom under section 18B(4) and the status of the person who made that supply;
b
the nature and quantity of the relevant eligible goods;
c
the value of any relevant self-supplies of specified services treated as made under section 18C(3) in the course or furtherance of his business by the person who is to remove the relevant goods, or by the person on whose behalf the goods are to be removed, at the time they are removed from the fiscal warehousing regime; and,
d
the nature and material time of any relevant supplies of specified services in respect of which the self-supplies referred to in sub-paragraph (c) above are treated as being identical (certain supplies of services on or in relation to goods while those goods are subject to the fiscal warehousing regime).
3
In paragraph (2)(a) above “status” is a reference to whether the person in question —
a
is or is required to be registered under the Act, or
b
would be required to be registered under the Act were it not for paragraph 1(9) of Schedule 1 to the Act, paragraph 1(7) of Schedule 2 to the Act, paragraph 1(6) of Schedule 3 to the Act, or any of those provisions.
14
In regulation 101 —
a
the words “subject to paragraph (5) below” in paragraph (2)(a) are omitted;
and,
b
paragraph (5) is omitted.
15
The forms numbered 17 and 18 in Schedule 1 to these Regulations are added to Schedule 1 to the principal Regulations after Form No. 16 and in numerical sequence.
16
A Schedule 1A is inserted between Schedules 1 and 2 to the principal Regulations and takes effect and reads as indicated in Schedule 2 to these Regulations.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House
9th May 1996


text:
Citation and commencement
1
This Order may be cited as the Housing (Fitness Enforcement Procedures) Order 1996 and shall come into force on 17th December 1996.
Interpretation
2
1
In this Order, “enforcement action” means action of any of the kinds specified in paragraph (2).
2
The kinds of action are —
a
serving a deferred action notice under section 81 of the Housing Grants, Construction and Regeneration Act 1996, or renewing such a notice under section 84 of that Act;
b
serving a notice under section 189 of the Housing Act 1985 (repair notice in respect of a house which is unfit for human habitation);
c
serving a notice under section 190 of that Act of 1985 (repair notice in respect of house in state of disrepair but not unfit for human habitation);
d
making a closing order under section 264 of that Act of 1985; and
e
making a demolition order under section 265 of that Act of 1985.
Right to make representations
3
Before a local housing authority takes enforcement action against any person, except in a case where it appears to the authority necessary to take such action immediately, they —
1
shall give to that person a written notice stating:
a
that they are considering taking the action and the reasons why they are considering it; and
b
that the person may, within a period specified in the notice (not being less than 14 days) make either written representations to the authority or, if the person so requests, make oral representations to the authority in the presence of an officer appointed by the authority (such a request being made not later than the expiry of 7 days beginning with the day on which that notice is given); and
2
shall consider any representations which are duly made and not withdrawn.
Sanctions for non-compliance
4
Where any enforcement action is taken and the authority has failed to comply with article 3, that failure shall be a ground for appeal additional to those specified in relation to the relevant type of enforcement action in —
1
section 83(2) of the Housing Grants, Construction and Regeneration Act 1996 (deferred action notices and, as applied by section 84(4) of that Act, decisions to renew such a notice);
2
section 191(1A) and (1B) of the Housing Act 1985 (repair notices); and
3
section 269 (2A) of the Housing Act 1985 (closing and demolition orders).
Signed by authority of the Secretary of State
David Curry
Minister of State,
15th November 1996
William Hague
Secretary of State for Wales
18th November 1996


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 and shall come into force on 26th September 1996.
Revocation
2
The Regulations listed in column (1) of Schedule 1 to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule.
Interpretation
3
1
In these Regulations —
“ the Act ” means the Goods Vehicles (Licensing of Operators) Act 1995;
“Community cabotage authorisation” means an authorisation granted pursuant to Council Regulation ( EEC ) No. 3118/93 of 25th October 1993 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State , as amended by Council Regulation ( EC ) No. 3315/94 , and Commission Regulation (EC) No. 792/94 ;
“ Council Regulation No. 881/92 ” means Council Regulation (EEC) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States ;
“foreign goods vehicle” means a goods vehicle —
which is operated by a person who is not established in the United Kingdom and has been brought temporarily into Great Britain;
which is not being used for international carriage by a haulier who is established in a Member State other than the United Kingdom;
which is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside the United Kingdom; and
which, except in the case of use under a Community cabotage authorisation, is not used at any time during the said journey for the carriage of goods loaded at one place in the United Kingdom and delivered at another place in the United Kingdom;
“international carriage” has the meaning which it bears in Council Regulation No. 881/92;
“loading” includes attaching to a drawing vehicle a trailer which has been loaded with goods before it is so attached, and “loaded” shall be construed accordingly;
“Northern Ireland goods vehicles” means a goods vehicle of which the operating centre is in Northern Ireland and —
which has been brought temporarily into Great Britain;
which is not being used for international carriage by a haulier who is established in Northern Ireland and is not established in Great Britain;
which is engaged in carrying goods by road on a journey some part of which has taken place, or will take place, outside Great Britain; and
which —
in the case of a motor vehicle, is registered in Northern Ireland or Great Britain; or
in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Northern Ireland goods vehicle; and
“relief vehicle” means a vehicle used for transporting goods which is sent to replace a vehicle which has broken down, and which continues the haul under cover of the licence, permit, or other document issued for the vehicle which has broken down.
2
For the purposes of these Regulations —
a
the permissible laden weight and the permissible pay load of a vehicle shall be determined by reference to the law of the country where the vehicle is registered or, in the case of a trailer which is not registered, by reference to the law of the country where the drawing vehicle is registered; and
b
a combination of a motor vehicle drawing a trailer shall be treated, for the purpose of determining the permissible laden weight or the permissible pay load, as the case may be, as a single vehicle.
3
In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations.
Exemptions for foreign vehicles used for certain purposes
4
Notwithstanding anything in regulations 8 to 30, section 2(1) of the Act (Users of certain goods vehicles to hold operators’ licences) shall not apply to the use in Great Britain of a foreign goods vehicle for the carriage of any goods specified in paragraph 1, 2, 4, 5, 6, 7 or 8 of Schedule 2.
Exemptions for Northern Ireland or foreign goods vehicles used for the carriage of goods between Member States of the European Community
5
Notwithstanding anything in regulations 8 to 30, section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland or foreign goods vehicle for the carriage of goods between Member States of the European Community —
a
where the vehicle is —
i
loaded or unloaded at a place not more than 25 kilometres from the coast of Great Britain and unloaded or loaded (as the case may be) at a place not more than 25 kilometres from the coast of another Member State, and the distance between the place where the goods are loaded on to the vehicle and the place where they are off-loaded from the vehicle, when measured in a straight line (but disregarding so much of that distance as lies over the sea in a case where the vehicle is carried on sea transport specially constructed and equipped for the carriage of commercial vehicles and operated as a regular service) does not exceed 100 kilometres; or
ii
a motor vehicle, or trailer drawn by a foreign goods vehicle, having a permissible laden weight not exceeding 6 metric tons or a permissible pay load not exceeding 3.5 metric tons; or
iii
a relief vehicle; or
b
where the goods so carried are those specified in paragraphs 9, 16, 17, 18, 20, 21, 26 or 28 of Schedule 2; or
c
where the vehicle is being used on a journey for combined transport as defined in Article 1 of Council Directive (EEC) No. 92/106 on the establishment of common rules for certain types of combined transport of goods between Member States , and there is carried on the vehicle, or, in the case of a trailer, on the vehicle drawing it, a document which satisfies the requirements of Article 3 of that Directive, or a document issued by the competent authority of the Member State where the vehicle, or, in the case of a trailer, the vehicle drawing it, is registered certifying that the vehicle is being used on such a journey; or
d
where the goods are being carried for or in connection with any trade or business carried on by the undertaking carrying them and each of the following conditions are fulfilled: —
i
the goods are the property of the undertaking carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that undertaking;
ii
the purpose of the journey is to carry the goods to or from the undertaking carrying them or to move them either inside that undertaking, or outside for that undertaking’s own requirements;
iii
the vehicle used for such carriage is being driven by an employee of the undertaking;
iv
except in the case of a replacement vehicle during a short breakdown of the vehicle normally used, the vehicle used for carrying the goods is owned by the undertaking carrying them or has been bought by it on deferred terms or hired in accordance with the conditions on the use of vehicles hired without drivers for the carriage of goods by road contained in Council Directive (EEC) No. 84/647
Exemption for Northern Ireland or foreign goods vehicles with international licences
6
Notwithstanding anything in regulations 8 to 30, section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland or foreign goods vehicle for the carriage of goods for hire or reward if the vehicle is being used by virtue of a licence issued pursuant to the scheme adopted by Resolution of the Council of Ministers of Transport on 14th June 1973 and the licence is carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle by which it is drawn.
Exemption for foreign goods vehicles with Community cabotage authorisations and for Northern Ireland goods vehicles carrying goods in Great Britain or between Northern Ireland and Great Britain
7
1
Notwithstanding anything in regulations 8 to 30, section 2(1) of the Act shall not apply to the use in Great Britain of a foreign goods vehicle permitted to carry out cabotage in the United Kingdom under Council Regulation (EEC) No. 3118/93 laying down conditions under which non-resident carriers may operate national road haulage services within a member State .
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland goods vehicle for the carriage of goods between places of loading or unloading in Great Britain or between one such place in Northern Ireland and another such place in Great Britain.
Exemption for Albanian goods vehicles
8
1
In this regulation “Albanian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Albania to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Albania.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of an Albanian goods vehicle for the carriage of any goods.
Exemptions and modifications for Austrian goods vehicles
9
1
In this regulation “Austrian goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is owned by or operated by or on behalf of a person —
i
who is authorised under Austrian law to use that vehicle for the carriage of goods in the Republic of Austria; or
ii
who, if Austrian law permits him so to use that vehicle without being so authorised, uses that vehicle primarily or substantially for that purpose in that country; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is an Austrian goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of an Austrian goods vehicle for the carriage of any goods specified in paragraph 1, 2, 4, 5, 6, 7, 8, 9, 10, 15, 17, 18, 19, 20, 21, 24, 26 or 27 of Schedule 2.
3
Section 2(1) of the Act shall not apply to the use in Great Britain of an Austraian goods vehicle which is a vehicle specified in Schedule 3.
4
In relation to an Austrian goods vehicle used for the carriage of any goods, for or in connection with any trade or business carried on by the user of the vehicle, in a case to which neither of the preceding exemptions applies, section 2(1) of the Act shall have effect as set out in Schedule 4.
5
In relation to an Austrian goods vehicle used for the carriage of goods in a case to which neither of the preceding exemptions nor the preceding modification apply, section 2(1) of the Act shall have effect as set out in Schedule 5.
Exemption for Bulgarian goods vehicles
10
1
In this regulation “Bulgarian goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Republic of Bulgaria; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Bulgarian goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Bulgarian goods vehicle for the carriage of any goods.
Exemption for Channel Islands goods vehicles
11
1
In this regulation “Channel Islands goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Channel Islands; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Channel Islands goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Channel Islands goods vehicle for the carriage of any goods.
Exemptions and modifications for Cypriot goods vehicles
12
1
In this regulation “Cypriot goods vehicle” means a foreign goods vehicle which is owned by, or operated by or on behalf of, a person who is authorised under the law of the Republic of Cyprus to use the vehicle in that country for the international carriage of goods, and which, in the case of a motor vehicle, is registered in the Republic of Cyprus.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Cypriot goods vehicle for the carriage of any goods specified in paragraph 1, 2, 3, 5, 9, 10, 16, 22, 23 or 24 of Schedule 2.
3
Section 2(1) of the Act shall not apply to the use in Great Britain of a Cypriot goods vehicle specified in Schedule 3.
4
Section 2(1) of the Act shall not apply to the use in Great Britain of a Cypriot goods vehicle which is a vehicle used for the recovery of a damaged vehicle.
5
In relation to a Cypriot goods vehicle used for the carriage of goods, for or in connection with any trade or business carried on by the user of the vehicle, in a case to which none of the preceding exemptions apply, section 2(1) of the Act shall have effect as if for the words from “(a) hire or reward” to the end of that subsection there were substituted the words
for or in connection with any trade or business carried on by him unless there is carried on the vehicle or, if that vehicle is a trailer, on the motor vehicle by which it is drawn a document containing the following particulars: —
the place at which and the date on which the document was made out;
the name and address of the carrier and a description of the nature of his business;
if the goods carried, or to be carried, or any of them, are to be collected from or delivered to, any person other than the carrier, the name and address of that person and a description of the nature of his business;
the place or places at which the vehicle is to be loaded or unloaded;
the nature and gross weight, or other indication of quantity, of the goods;
the carrying capacity of the vehicle by weight;
the index mark and registration number of the vehicle, or if the vehicle does not carry an index mark or any registration number, the chassis number of the vehicle;
the place of entry of the vehicle into, or of exit from, the United Kingdom;
the signature of the carrier or his authorised agent.
6
In relation to a Cypriot goods vehicle used for the carriage of goods in a case to which none of the preceding exemptions nor the preceding modification apply, section 2(1) of the Act shall have effect as set out in Schedule 5.
Exemption for Czech goods vehicles
13
1
In this regulation “Czech goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Czech Republic; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Czech goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Czech goods vehicle for the carriage of any goods.
Exemption for Faroese goods vehicles
14
1
In this regulation “Faroese goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Faroe Islands; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Faroese goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Faroese goods vehicle for the carriage of any goods.
Exemptions and modifications for Estonian goods vehicles
15
1
In this regulation —
“Estonian goods vehicle” means a foreign goods vehicle —
which, in the case of a motor vehicle, is registered in the Republic of Estonia; and
which, in the case of a trailer, is owned by or operated by or on behalf of a person who under Estonian law is authorised to use that vehicle for the carriage of goods in the Republic of Estonia.
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Republic of Estonia on international road transport signed on 16th August 1995 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of an Estonian goods vehicle for the carriage of any goods specified in paragraphs 4, 5, 9, 18, 20, 21, 22, 23 or 24 of Schedule 2 and in such a case these provisions shall have effect as if the words “or broken-down” were added after “damaged” in paragraph 5.
3
Section 2(1) of the Act shall not apply to the use in Great Britain of an Estonian goods vehicle specified in paragraph 1 of Schedule 3.
4
In relation to an Estonian goods vehicle being used for the carriage of goods in a case to which the preceding exemptions do not apply, section 2(1) of the Act shall have effect as set out in Schedule 5.
Exemption for Hungarian goods vehicles
16
1
In this regulation “Hungarian goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Republic of Hungary; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Hungarian goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of an Hungarian goods vehicle for the carriage of any goods.
Exemption for Jordanian goods vehicles
17
1
In this regulation “Jordanian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Hashemite Kingdom of Jordan to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Hashemite Kingdom of Jordan.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Jordanian goods vehicle for the carriage of any goods.
Exemption for Latvian goods vehicles
18
1
In this regulation —
“Latvian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Latvia to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Latvia; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Latvia on international road transport signed on 6th December 1993 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Latvian goods vehicle for the carriage of any goods.
Exemption for Lithuanian goods vehicles
19
1
In this regulation —
“Lithuanian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Lithuania to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Republic of Lithuania; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Lithuania on international road transport signed on 2nd November 1994 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Lithuanian goods vehicle for the carriage of any goods.
Exemption for Manx goods vehicles
20
1
In this regulation “Manx goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Isle of Man; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Manx goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Manx goods vehicle for the carriage of any goods.
Exemption and modification for Moroccan goods vehicles
21
1
In this regulation —
“Moroccan goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Kingdom of Morocco to engage in the international carriage of goods by road for hire or reward or on his own account and which, in the case of a motor vehicle, is registered in the Kingdom of Morocco; and
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Morocco on international road transport signed on 15th April 1994 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Moroccan goods vehicle for the carriage of any goods specified in paragraph 2, 9, or 31 of Schedule 2.
3
In relation to a Moroccan goods vehicle used for the carriage of goods in a case to which the preceding exemption applies, section 2(1) of the Act shall have effect as set out in Schedule 5.
Exemption and modification for Northern Ireland goods vehicles
22
1
Section 2(1) of the Act shall not apply to the use of a Northern Ireland goods vehicle for the carriage of goods for hire or reward where there is in force in relation to the use of that vehicle in Northern Ireland or, in the case of a trailer, the vehicle by which it is drawn, a licence under section 17 of the Transport Act (Northern Ireland) 1967 .
2
In relation to a Northern Ireland goods vehicle used for the carriage of goods otherwise than for hire or reward, section 2(1) of the Act shall have effect as set out in Schedule 4.
Exemption for Polish goods vehicles
23
1
In this regulation “Polish goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Republic of Poland; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Polish goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Polish goods vehicle for the carriage of any goods.
Exemption for Romanian goods vehicles
24
1
In this regulation “Romanian goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in Romania; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Romanian goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Romanian goods vehicle for the carriage of any goods.
Exemption for Slovak goods vehicles
25
1
In this regulation “Slovak goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Slovak Republic; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Slovak goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Slovak goods vehicle for the carriage of any goods.
Exemptions and modification for the Republics of the former Soviet Union goods vehicles
26
1
In this regulation “Republic of the former Soviet Union goods vehicle” means a foreign goods vehicle which is not provided for elsewhere in these Regulations —
a
which is owned by, or operated on behalf of, a person who is authorised under the law of a Republic of the former Union of Soviet Socialist Republics to use the vehicle in that country for the international carriage of goods; and
b
which, in the case of a motor vehicle, is registered in a Republic of the former Union of Soviet Socialist Republics; and
c
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Republic of the former Soviet Union goods vehicle.
2
Subject to paragraphs (6) and (7) below, section 2(1) of the Act shall not apply to the use of a Republic of the former Soviet Union goods vehicle for the carriage of any goods specified in paragraph 4, 5 or 8 of Schedule 2.
3
Subject to paragraphs (6) and (7) below, section 2(1) of the Act shall not apply to the use of a Republic of the former Soviet Union goods vehicle for the carriage of any goods specified in paragraph 21, 22 or 23 of Schedule 2 if the goods are to be, or are being, returned to the country of origin of the vehicle or are to be, or are being, taken to another country.
4
Subject to paragraphs (6) and (7) below, section 2(1) of the Act shall not apply to the use of a Republic of the former Soviet Union goods vehicle which is a vehicle specified in paragraph 2 or 3 of Schedule 3.
5
Subject to paragraphs (6) and (7) below, in relation to a Republic of the former Soviet Union goods vehicle being used for the carriage of goods in a case to which none of the preceding exemptions apply, section 2(1) shall have effect as set out in Schedule 5.
6
The foregoing exemptions and modification shall not apply unless there is carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle by which it is drawn —
a
in the case of the carriage of goods under a contract to which the Convention on the Contract for the International Carriage of Goods by Road (as given the force of law in the United Kingdom by section 1 of the Carriage of Goods by Road Act 1965 ) applies, a consignment note made out in accordance with that Convention and containing the particulars specified therein, or
b
in the case of the carriage of goods otherwise than under such a contract, a document or documents containing the following particulars:
i
the date of the document and the place at which it is made out;
ii
the name and address of the sender of the goods, if any;
iii
the name and address of the carrier;
iv
the date and place of taking over of the goods, if any, and the place designated for delivery, if any;
v
the name and address of the consignee, if any;
vi
the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description;
vii
the number of packages and their special marks and numbers;
viii
the gross weight of the goods and their quantity otherwise expressed;
ix
charges relating to the carriage (carriage charges, supplementary charges, Customs duties and other charges incurred during the journey); and
x
the requisite instructions for Customs and other formalities.
7
The foregoing exemptions and modification shall not apply to the use of a Republic of the former Soviet Union goods vehicle for the carriage of goods between a place in Great Britain and a place in a country other than Great Britain or a Republic of the former Soviet Union, or vice versa, unless there is carried on the vehicle, or if the vehicle is a trailer, on the motor vehicle by which it is drawn, a permit for the use of the vehicle for that purpose issued with the authority of the Secretary of State.
Exemption for Swiss goods vehicles
27
1
In this regulation “Swiss goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Swiss Confederation; and
b
which, in the case of a trailer, is drawn in Great Britain only by a motor vehicle which is a Swiss goods vehicle.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Swiss goods vehicle for the carriage of any goods.
Exemptions and modification for Tunisian goods vehicles
28
1
In this regulation “Tunisian goods vehicle” means a foreign goods vehicle which —
a
in the case of a motor vehicle, is registered in the Republic of Tunisia; and
b
in the case of a trailer, is operated by a person who is authorised under Tunisian law to use that vehicle for the international carriage of goods for hire or reward or on his own account.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Tunisian goods vehicle for the carriage of any goods specified in paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 18, 19, 21, 24 or 30 of Schedule 2.
3
Section 2(1) of the Act shall not apply to the use in Great Britain of a Tunisian goods vehicle which is a vehicle specified in Schedule 3.
4
In relation to a Tunisian goods vehicle being used for the carriage of goods in a case to which none of the preceding exemptions apply, section 2(1) of the Act shall have effect as set out in Schedule 5.
Exemption and modification for Turkish goods vehicles
29
1
In this regulation “Turkish goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Republic of Turkey; and
b
which, in the case of a trailer, is owned by or operated by or on behalf of a person who is authorised under Turkish law to use that vehicle for the carriage of goods in the Turkish Republic.
2
Section 2(1) of the Act shall not apply to the use in Great Britain of a Turkish goods vehicle for the carriage of any goods specified in paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 17, 21, 26, 27 or 30 of Schedule 2.
3
In relation to a Turkish goods vehicle being used for the carriage of goods in a case to which the preceding exemption does not apply, section 2(1) of the Act shall have effect as set out in Schedule 5.
Exemptions and modification for Ukrainian goods vehicles
30
1
In this regulation —
“Ukrainian goods vehicle” means a foreign goods vehicle —
a
which, in the case of a motor vehicle, is registered in the Ukraine; and
b
which, in the case of a trailer, is owned by or operated by or on behalf of a person who under Ukrainian law is authorised to use that vehicle for the carriage of goods in the Ukraine.
“relevant date” means the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Ukraine on international road transport signed on 13th December 1995 comes into force.
2
On and after the relevant date, section 2(1) of the Act shall not apply to the use in Great Britain of a Ukrainian goods vehicle for the carriage of any goods specified in paragraphs 4, 5, 9, 18 and 20 to 24 of Schedule 2 and in such a case these provisions shall have effect as if the words “or broken-down” were added after “damaged” in paragraph 5.
3
Section 2(1) of the Act shall not apply to the use in Great Britain of a Ukrainian goods vehicle —
a
specified in paragraph 1 of Schedule 3, or
b
where the goods are being carried for or in connection with any trade or business carried on by the undertaking carrying them and each of the following conditions are fulfilled —
i
the goods are the property of the undertaking carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that undertaking;
ii
the purpose of the journey is to carry the goods to or from the undertaking carrying them or to move them either inside that undertaking or outside for that undertaking’s own requirements;
iii
the vehicle used for such carriage is being driven by an employee of the undertaking;
iv
except in the case of a replacement vehicle during a short breakdown of the vehicle normally used, the vehicle used for carrying the goods is owned by the undertaking carrying them or has been bought by it on deferred terms or hired in accordance with the conditions on the use of vehicles hired without drivers for the carriage of goods by road contained in Council Directive (EEC) No. 84/647 ;
v
the carriage in Great Britain is part of a journey between Great Britain and the Ukraine.
4
In relation to a Ukrainian goods vehicle being used for the carriage of goods in a case to which the preceding exemptions do not apply, section 2(1) of the Act shall have effect as set out in Schedule 5.
Simplified procedure for the grant, etc. , of operators’ licences
31
1
The Act shall have effect subject to the modifications set out in Part I of Schedule 6 in relation to any foreign goods vehicles [to which Regulations 4 to 30 do not apply].
2
The Goods Vehicles’ (Licensing of Operators) Regulations 1995 shall have effect subject to the amendments set out in Part II of the said Schedule in relation to foreign goods vehicles [to which Regulations 4 to 30 do not apply].
3
The Goods Vehicles (Licensing of Operators) Act 1995 (Commencement and Transitional Provisions) Order 1995 and The Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 shall not have effect in relation to any foreign goods vehicles.
Sir George Young Bt
Secretary of State for Transport
22nd August 1996