Section 51 Supplementary provisionI1

England, Wales and Scotland Not yet in force

(1)

An enactment passed or made after this Act is passed is to be read as subject to sections 47 to 49 unless a clear intention to the contrary appears.

(2)

A person who seeks to rely on section 47 (1) in criminal proceedings must prove that—

(a)

the individual concerned was a user-in-charge at the time in question, and

(b)

section 48 (1) does not apply (unless the person also seeks to rely on section 48 (2)).

(3)

A person who seeks to rely on section 48 (2) in criminal proceedings must adduce sufficient evidence that it applies to raise an issue with respect to it; and if the person does so that provision is to be taken to apply unless the contrary is proved beyond reasonable doubt.

(4)

Subsection (5) applies if—

(a)

an automated vehicle authorisation is varied, suspended or withdrawn,

(b)

an individual could not reasonably be expected to know of the variation, suspension or withdrawal, and

(c)

the individual uses a vehicle in reliance on the authorisation as it stood before the variation, suspension or withdrawal.

(5)

Sections 47 to 49, and regulations under section 50, apply in respect of that use of the vehicle by the individual as if the variation, suspension or withdrawal had not occurred.

Annotations

Commencement

I1: S. 51 not in force at Royal Assent, see s. 99(1)