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VEHICLES (EXCISE) ACT (NORTHERN IRELAND) 1972 - SECT 35

Fractions of a new penny.

35.(1) In this Act

"county council" includes the council of a county borough and the Londonderry
Development Commission;

["conditional sale agreement" means an agreement for the sale of a vehicle
under which the purchase price or part of it is payable by instalments, and
the property in the vehicle is to remain in the seller (notwithstanding that
the buyer is to be in possession of the vehicle) until such conditions as to
the payment of instalments or otherwise as may be specified in the agreement
are fulfilled;]

"gas" means any fuel which is wholly gaseous at a temperature of 15.5 degrees
Centigrade under a pressure of 30 inches of mercury;

["hackney carriage" means a mechanically propelled vehicle standing or plying
for hire, and includes any mechanically propelled vehicle let for hire by a
person whose trade it is to sell mechanically propelled vehicles or to let
mechanically propelled vehicles for hire, so, however, that, for the purposes
of this definition, a letting under a hire-purchase agreement (as defined in
section 1 of the Hire-Purchase Act (Northern Ireland) 1966) shall not be
treated as a letting for hire;]

["hackney carriage" means a mechanically propelled vehicle standing or plying
for hire and includes any mechanically propelled vehicle bailed under a hire
agreeement by a person whose trade it is to sell such vehicles or bail them
under hire agreements;]

["hire agreement" means an agreement for the bailment of a vehicle which is
not a hire-purchase agreement;]

"hire-purchase agreement" means an agreement, other than a
conditional sale agreement, under which

(a)a vehicle is bailed in return for periodical payments by the person to whom
it is bailed, and

(b)the property in the vehicle will pass to that person if the terms of the
agreement are complied with and one or more of the following occurs

(i)the exercise of an option to purchase by that person,

(ii)the doing of any other specified act by any party to the agreement,

<(iii)the happening of any other specified event;]


"licence" means a vehicle licence or a trade licence;

"the Minister" has the meaning assigned to it by section 37(2);

"the Ministry" has the meaning assigned to it by section 2(6);

"motor dealer" means a person carrying on the business of selling or supplying
mechanically propelled vehicles;

"prescribed" means prescribed by regulations made by the Ministry;

"public road" means a road which is repairable at the public expense;

"seven day licence" has the meaning assigned to it by section 2(1)(c);

"statutory provision" has the meaning assigned to it by section 1(f) of the
Interpretation Act (Northern Ireland) 1954;

"temporary licence" has the meaning assigned to it by section 13(1);

"the Transferred Excise Duties Act" means the Miscellaneous Transferred Excise
Duties Act (Northern Ireland) 1972;

"trade licence" means a licence issued under section 16(1);

"vehicle licence" means a licence under this Act (other than a trade licence)
for a mechanically propelled vehicle.

(2) For the purposes of any provision of this Act and any subsequent
statutory provision relating to the keeping of mechanically propelled vehicles
on public roads, a person keeps such a vehicle on a public road if he causes
it to be on such a road for any period, however short, when it is not in use
there.

(3) A mechanically propelled vehicle shall not be treated as an electrically
propelled vehicle for the purposes of this Act unless the electrical motive
power is derived either from a source external to the vehicle or from any
electrical storage battery which is not connected to any source of power when
the vehicle is in motion.

(4) References in this Act to the unladen weight of any mechanically propelled
vehicle shall be construed in accordance with the provisions of Schedule 7.

(5) The unit of horse-power or cylinder capacity for the purposes of any rate
of duty under this Act shall be calculated in accordance with regulations
under this Act.

S.36, with Schedule 8, effects amendments


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© 1972 Crown Copyright

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