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Motor Salvage Operators Regulations Toolkit

Motor Salvage Operators Regulations

The regulations were introduced as part of the Vehicles (Crime) Act 2001 Part 1 Sections 1-16

This part of the Act covers:

  • The requirement of registration for motor salvage operators

  • Registers of motor salvage operators

  • Applications for registration and renewal of registration

  • Cancellation of registration

  • Right to make representations

  • Appeals

  • Keeping of records

  • Notification of destruction of motor vehicles

  • Rights to enter and inspect premises

  • Offence of making false statements

  • Notification requirements

  • Offence of giving false particulars on sale for salvage

  • Application of "fit and proper" test to companies etc

  • Proceedings for offences under part 1

  • Power to amend or repeal private or local Acts

  • Interpretation of Part 1

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The requirement of registration for motor salvage operators

This part of the Vehicles (Crime) Act 2001:

  • requires any person carrying on a business as a motor salvage operator to register as such with their local authority

  • makes it an offence to fail to register

  • defines who comes within the scope of the Act and therefore needs to register

  • explains that "registered" refers to a register established and maintained by the local authority for the purpose of the Act

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Registers of motor salvage operators

This part of the Vehicles (Crime) Act 2001:

  • requires local authorities to establish and maintain a register of motor salvage operators. 

  • sets out the form of the register and the information to be kept in it. 

  • sets out the registration periods

  • requires local authorities make the register available for members of the public to inspect for a fee that is be determined by the local authority.

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Applications for registration and renewal of registration

This part of the Vehicles (Crime) Act 2001:

  • covers applications for registration and renewal.  You can find more details in the Motor Salvage Operators Regulations 2002, including the information that has to be provided to the local authority and provision for the local authority to set a fee for the registration process. 

  • establishes a "fit and proper" test to be applied by the local authority when considering an application for registration or renewal.

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Cancellation of registration

This part of the Vehicles (Crime) Act 2001:

  • sets out the circumstances in which a local authority may cancel a registration

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Right to make representations

This part of the Vehicles (Crime) Act 2001:

  • sets out the right of motor salvage operators to make representations to the local authority when an application for registration or renewal has been refused or when a registration has been cancelled

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Appeals

This part of the Vehicles (Crime) Act 2001:

  • sets out the right of motor salvage operators to make an appeal to a magistrates' court when a local authority maintains its decision to refuse an application for registration or renewal or to cancel a registration in the light of representations made under Section 5.

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Keeping of records

This part of the Vehicles (Crime) Act 2001:

  • requires that regulations are made to specify the records that registered operators must keep

  • makes it an offence to fail to keep specified records

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Notification of destruction of motor vehicles

This part of the Vehicles (Crime) Act 2001:

  • requires that regulations are made to require registered operators to issue notifications of destruction of motor vehicles 

  • makes it an offence for fail to issue notifications of destruction of motor vehicles

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Rights to enter and inspect premises

This part of the Vehicles (Crime) Act 2001:

  • covers the rights of the police to enter and inspect premises 

  • covers the rights of the police to require the production of, or to inspect, any motor vehicle or parts kept on the premises

  • covers the rights of the police to require the production or inspection of, or to take copies of any records, which the motor salvage operator is obliged to keep by virtue of the Act

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Offence of making false statements

This part of the Vehicles (Crime) Act 2001:

  • makes it an offence to make false statements in connection with an application for registration

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Notification requirements

This part of the Vehicles (Crime) Act 2001:

  • requires registered operators to notify the local authority of changes affecting the accuracy of information supplied in connection with an application, changes affecting register entries and when a motor salvage operator ceases to operate as such. 

  • makes it an offence for fail to make such notifications

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Offence of giving false particulars on sale for salvage

This part of the Vehicles (Crime) Act 2001:

  • makes it an offence to give false particulars when selling motor vehicles to motor salvage operators.

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Application of "fit and proper" test to companies etc

This part of the Vehicles (Crime) Act 2001:

  • requires "fit and proper" tests to be applied to any director of a company or any member of a partnership.

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Proceedings for offences under part 1

This part of the Vehicles (Crime) Act 2001:

  • states that proceedings for offences under this part shall only be instituted by a local authority or police constable, or with the consent of the Attorney General

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Power to amend or repeal private or local Acts

This part of the Vehicles (Crime) Act 2001:

  • allows the Secretary of State to repeal Acts passed locally, which may affect Part 1 of the Act, after consulting with the local authority or county council concerned

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Interpretation of Part 1

This part of the Vehicles (Crime) Act 2001:

  • covers a number of definitions of terms used in the Act for clarification

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Last update:  

Last update: 05 October 2004