Motor Vehicle
Registration (Amendment No. 4) (Jersey)
Law 2013
A LAW to amend further the Motor
Vehicle Registration (Jersey) Law 1993
Adopted by the
States 25th September 2013
Sanctioned by
Order of Her Majesty in Council 7th November 2013
Registered by the
Royal Court 15th
November 2013
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “principal Law” means
the Motor Vehicle Registration (Jersey) Law 1993[1].
2 Article 1
amended
In Article 1(1) of the principal Law, after the definition
“registration document” there is inserted the following definition –
“ ‘registration
mark’ means a mark assigned to a motor vehicle under this Law or under
any Order under this Law;”.
3 Article 4
amended
Article 4(3) of the principal Law is deleted.
4 Article 5
amended
In Article 5 of the principal Law –
(a) in paragraph (1)(b)
after the words “change of the address” there are inserted the
words “or name”;
(b) in paragraph (5)(a)
after the words “change of address” there are inserted the words
“or name”.
5 Article 5A
inserted
After Article 5 of the principal Law there is inserted the
following Article –
(1) This Article applies to the assignment of a
registration mark under Article 4 or under any other provision of or under
this Law.
(2) The Inspector shall ensure –
(a) that when an assignment takes effect, the
registration mark assigned is different from any registration mark for the time
being assigned to any other registered motor vehicle; and
(b) that when a withdrawal of a registration mark
from a vehicle takes effect, either another mark is assigned to that vehicle or
the vehicle is no longer registered.
(3) Subject to paragraph (2) and any
provision of an Order under Article 7, the fact that a registration mark
has previously been assigned to or withdrawn from a vehicle does not prevent
the Inspector from assigning that mark to, or withdrawing it from, that vehicle
or any other vehicle.
(4) The Inspector shall determine the
registration mark to be assigned to a motor vehicle –
(a) in accordance with any scheme published by
the Minister; or
(b) if no such scheme is published, as the Inspector
sees fit.
(5) Paragraph (4) does not apply to the
extent that an Order under Article 7 makes other provision (whether in
relation to the composition of the mark, or to any right of a person to
assignment of a particular mark, or otherwise).”.
6 Article 7
amended
In Article 7 of the principal Law –
(a) in paragraph (a)
after the words “motor vehicles” there are inserted the words
“and in respect of the assignment of registration marks”;
(b) after
paragraph (b) there is inserted the following paragraph –
“(ba) assignment and withdrawal of registration
marks, including the grant (whether for payment, as part of an arrangement of
exchange, or otherwise) of rights to assignment of particular marks (‘mark-rights’),
and the issue of documents certifying such rights (‘mark-right documents’);”;
(c) in paragraph (c)
for the words “particulars required to be furnished in connection with
them and evidence of insurance” there are substituted the words “for
assignment of registration marks and for grant of mark-rights, including
requirements for particulars to be furnished in connection with the vehicles
involved and for evidence to be furnished of insurance”;
(d) in paragraph (d)
after the words “motor vehicles” there are inserted the words
“, for assignment of registration marks and for grant of
mark-rights, including repayment of such fees”;
(e) for
paragraph (e) there is substituted the following paragraph –
“(e) payments for grant of
mark-rights (whether by private agreement, tender, auction or otherwise);”;
(f) in
paragraph (f)(ii) after the words “change of address” there
are inserted the words “or name”;
(g) in paragraph (g)
after the words “eligibility for registration or” there are
inserted the words “for assignment of a registration mark, or”;
(h) in paragraph (i)
after the word “omitted” there are inserted the words “, or
to record changes in assignment of registration marks”;
(i) in
paragraph (j) for the words “, particulars to be entered on them,
issue and surrender of registration documents and correction or replacement of
incorrect or incomplete registration documents” there are substituted the
words “and of mark-right documents, particulars to be entered on such
documents, issue and surrender of such documents and correction or replacement
of such documents that are incorrect or incomplete”;
(j) in
paragraph (k) for the words “registration documents in replacement
of registration documents which may be lost” there are substituted the
words “documents in replacement of registration or mark-right documents,
if those documents are lost”;
(k) in paragraph (l)
after the words “registration documents” there are inserted the
words “, and surrender of mark-right documents”;
(l) for
paragraph (o) there are substituted the following paragraphs –
“(o) delegation (whether by the
Order itself, by the Minister or Inspector or otherwise) of any function of the
Inspector under this Law or the Order to any other person, or for authorization
of any other person to act on behalf of the Inspector, including arrangements
for payment of that person (including by that person keeping amounts paid by
persons for grant of mark-rights);
(p) refusal or delay of grant of mark-rights, or
of assignment of registration marks, or of performance of other functions of
the Inspector, and reviews or appeals in relation to such refusal or delay or to
withdrawal of registration marks.”.
7 Article 8
amended
In Article 8 of the principal Law –
(a) for
paragraph (2) there are substituted the following paragraphs –
“(2) On application in the
prescribed form for a trade licence by a motor trader, the Inspector may, on
payment of the prescribed fee, issue a trade licence to the motor trader.
(2A) If the Inspector issues a trade licence under paragraph (2),
the Inspector shall –
(a) assign a trade licence mark to the motor
trader;
(b) require the motor trader to obtain trade
licence plates bearing that trade licence mark; and
(c) deliver to the motor trader a receipt in
respect of the fee paid.”;
(b) in paragraphs (3)
and (7) for the word “issued” there is substituted the word
“obtained”.
8 Article 9
amended
In Article 9 of the principal Law the words “issued to
that person” are deleted.
9 Article 10
amended
For Article 10(k) of the principal Law there is substituted the
following paragraph –
“(k) issue of trade licences in
replacement of licences which may be lost, stolen, destroyed, damaged or become
illegible, and fees to be paid on the issue of a replacement licence;”.
10 Article 11
amended
In Article 11 of the principal Law –
(a) in paragraph (1)(a)
after the words “under Article 4” there are inserted the words
“, or for the grant of a mark-right under an Order under Article 7,
or for the assignment of a registration mark under such an Order”;
(b) in paragraphs (1)(b)
and (2) after the words “change of address” there are inserted the
words “or name”.
11 Article 13
amended
In Article 13(b) of the principal Law after the words
“registration document,” there are inserted the words
“mark-right document (under an Order under Article 7),”.
12 Citation
and commencement
This Law may be cited as the Motor Vehicle Registration (Amendment
No. 4) (Jersey) Law 2013 and comes into force 7 days after it is
registered.
l.-m. hart
Assistant Greffier of the States