Motor Vehicle Registration (Amendment No. 4) (Jersey) Law 2013

Motor Vehicle Registration (Amendment No. 4) (Jersey) Law 2013 Arrangement Article 1 Interpretation . 3 2 Article 1 amended . 3 3 Article 4 amended . 3 4 Article 5 amended . 3 5 Article 5A inserted . 4 6 Article 7 amended . 4 7 Article 8 amended . 5 8 Article 9 amended . 6 9 Article 10 amended . 6 10 Article 11 amended . 6 11 Article 13 amended . 6 12 Citation and commencement 6 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 – “5A Assignment of registration marks (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(2) and any provision of an Order under Article 7, the fact that a registration mark has previously been assigned to or withdrawn from a vehicle does not prevent the Inspector from assigning that mark to, or withdrawing it from, that vehicle or any other vehicle.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 [1] chapter 25.350