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VEHICLES (EXCISE) ACT (NORTHERN IRELAND) 1972 - SECT 17

Provisions supplementary to s.14.

17.(1) Subject to subsection (2), the holder of a licence

(a)may at any time surrender the licence to the Ministry in the prescribed
manner; and

(b)shall, on so surrendering the licence, be entitled, if he satisfies the
prescribed requirements and subject to the following provisions of this
section, to receive from the Ministry, by way of rebate of duty paid upon the
surrendered licence, a sum equal to the relevant amount multiplied by the
number of days in the relevant period.

(2) No sum shall be payable under subsection (1) in a case where
the relevant period is less than thirty days.

(3) In this section

"the relevant amount", in relation to a surrendered licence, means one
three-hundred-and-sixty-fifth of the annual rate by reference to which duty
was charged upon the licence;

"the relevant period", in relation to a surrendered licence, means the period
beginning with but not including the day on which the licence is received by
the Ministry in pursuance of subsection (1)(a) and ending with the day on
which the licence would have expired by the effluxion of time.

(4) The Ministry may, for the purposes of subsection (3), treat a surrendered
licence delivered to the Ministry by post as received by it on the day on
which the licence was posted.

(5) If, during the currency of a temporary licence issued in pursuance of an
application for a vehicle licence for any period, the temporary licence is
surrendered under this section, it shall be treated for the purposes of this
section as issued for that period or, if the Ministry so directs but subject
to subsection (6), for any other period specified in the direction being a
period for which, by virtue of section 10(5), a vehicle licence could be
issued in pursuance of the application; and, where a further vehicle licence
issued in pursuance of the application is held by any person at the time of
the surrender of the temporary licence or is received by him thereafter

(a)the further licence shall cease to be in force and he shall forthwith
return it to the Ministry and shall, if he knowingly fails to do so, be guilty
of an offence and shall be liable on summary conviction to a fine not
exceeding #50; and

(b)if the Ministry considers that there has been undue delay in complying with
paragraph (a), it may, without prejudice to any liability under that
paragraph, reduce the relevant period by such number of days as it considers
fit for the purpose of calculating the sum payable in pursuance of subsection
(1) in respect of the surrendered temporary licence.

(6) A person who, in pursuance of this section, is paid a sum which was
calculated by reference to a period specified in a direction under subsection
(5) may appeal to the county court on the ground that the Ministry was not
authorised by that subsection to give the direction.


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© 1972 Crown Copyright

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