OpenLegislation

Section 7 Miscellaneous exemptions from duty.

United Kingdom

(1)

If an applicant for a vehicle licence satisfies the Secretary of State that the vehicle is intended to be used on public roads—

(a)

only in passing from land in his occupation to other land in his occupation, and

(b)

for distances not exceeding in the aggregate six miles in any calendar week,

then, with the consent of the Treasury, the Secretary of State may exempt the vehicle from the duty chargeable under this Act in respect of the use of the vehicle on roads; but if a vehicle so exempted is used on public roads otherwise than for the purpose or to the extent specified above, the vehicle shall cease to be exempted.

F1[(2

A mechanically propelled vehicle shall not be chargeable with any duty under this Act by reason of its use by or for the purposes of a person (“a disabled person”) suffering from a physical F2or mental defect or disability or by reason of its being kept for such use if—

(a)

it is registered under this Act in the name of that person; and

(b)

he has obtained, or is eligible for, a grant under paragraph 2 of Schedule 2 to the M1National Health Service Act 1977 F3or section 46(3) of the M2National Health Service (Scotland) Act 1978F4or Article 30(3) of the Health and Personal Social Services (Northern Ireland) Order 1972 in relation to that vehicle or is in receipt of a F5disability living allowance by virtue of entitlement to the mobility component at the higher rate orF6or a mobility supplement; and

(c)

no other vehicle registered in his name under this Act is exempted from duty under this subsection F7or by reason of the continued operation of the provisions mentioned in section 12(1) of the Finance (No. 2) Act 1992. . .;

and for the purposes of this subsection a vehicle shall be deemed to be registered in the name of a disabled person in receipt of a F8disability living allowance by virtue of such entitlement or ofor a mobility supplement if it is registered in the name of F9an appointee or in the name of a person nominated for the purposes of this subsection by the disabled person or by an appointee].

F10(2A)

In subsection (2) above—

  • “mobility supplement”means a mobility supplement under—

(a)

a scheme made under the Personal Injuries (Emergency Provisions) Act M31939, or

(b)

an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act M41977,

or any payment appearing to the Secretary of State to be of a similar kind and specified by him by order made by statutory instrument; and

  • “appointee”means—

(i)

a person appointed pursuant to regulations under the Social Security Act M5 1975 F11or the Social Security (Northern Ireland) Act 1975to exercise any of the rights or powers of a person in receipt of a mobility allowance, or

(ii)

a person to whom a mobility supplement is paid for application for the benefit of another person in receipt of the supplement.

(2B)

An order under subsection (2A) above may provide that it shall be deemed to have come into force on any date after 20th November 1983.

F12(2C)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

A mechanically propelled vehicle shall not be chargeable with any duty under this Act by reason of its use for clearing snow from public roads by means of a snow plough or similar contrivance, whether forming part of the vehicle or not, or by reason of its being kept for such use or by reason of its use for the purpose of going to or from the place where it is to be used for clearing snow from public roads by those means.

F13(3A)

Regulations under this Act may provide that, in such cases, subject to such conditions and for such period as may be prescribed, a mechanically propelled vehicle shall not be chargeable with any duty under this Act if it has been imported by —

(a)

a person for the time being appointed to serve with any body, contingent or detachment of the forces of any prescribed country, being a body, contingent or detachment which is for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom, or

(b)

a member of any country’s military forces, except Her Majesty’s United Kingdom forces, who is for the time being appointed to serve in the United Kingdom under the orders of any prescribed organisation, or

(c)

a person for the time being recognised by the Secretary of State as a member of a civilian component of such a force as is mentioned in paragraph (a) above or as a civilian member of such an organisation as is mentioned in paragraph (b) above, or

(d)

any prescribed dependant of a person falling within paragraph (a), paragraph (b) or paragraph (c) above.

F14(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(4A)

A mechanically propelled vehicle shall not be chargeable with any duty under this Act at a time when it is used or kept on a road by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990 or a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act M61978 F16or a health and social services body, as defined in Article 7(6) of the Health and Personal Social Services (Northern Ireland) Order 1991 or a Health and Social Services Trust established under that Order .

F17(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 7(2) substituted by Finance Act 1978 (c. 42), s. 8(1)

F2

Words in s. 7(2) inserted (3.5.1994) by 1994 c. 9, s. 5, Sch. 2 para. 5(a)

F3

Words inserted by Finance Act 1980 (c. 48), s. 4(6)

F4

Words in s. 7(2)(b) inserted (1.10.1991) by Finance Act 1991 (c. 31, SIF 107:2), s. 10, Sch. 3, Pt. I, para. 5(1)(a); S.I. 1991/2021, art. 2

F5

Words in s. 7(2) substituted (3.2.1992) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 4(2), Sch. 2 para. 1(a); S.I. 1991/2617, art. 2(c)(f), which substitutions come into force on 3.2.1992 for certain purposes and on 6.4.1992 for certain other purposes

F6

Words inserted by Finance Act 1984 (c. 43, SIF 107:2), s. 5(2)(a)(5)

F7

Words in s. 7(2)(c) inserted (3.5.1994) by 1994 c. 9, s. 5, Sch. 2 para. 5(b)

F8

Words in s. 7(2) substituted (3.2.1992) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF: 113:1), s. 4(2), Sch. 2 para. 1(b); S.I. 1991/2617, art. 2(c)(f), which substitutions come into force on 3.2.1992 for certain purposes and on 6.4.1992 for certain other purposes

F9

Words substituted by Finance Act 1984 (c. 43, SIF 107:2), s. 5(2)(b)(5)

F10

S. 7(2A),(2B) inserted by Finance Act 1984 (c. 43, SIF 107:2), s. 5(3)(5)

F11

Words in s. 7(2A) inserted (1.10.1991) by Finance Act 1991 (c. 31, SIF 107:2), s. 10, Sch. 3, Pt. I, para. 5(2); S.I. 1991/2021, art. 2

F12

S. 7(2C)(2D) repealed (13.10.1993) by Finance (No. 2) Act 1992 (c. 48), ss. 12(1)(b), 82, Sch. 18 Pt. IV; S.I. 1993/2272, art. 2 (with art. 3, Sch.)

F13

S. 7(3A) inserted by Finance Act 1986 (c. 41, SIF 107:2), s. 3(7), Sch. 2 Pt. I para. 3

F14

S. 7(4) repealed (1.10.1991) by Finance Act 1991 (c. 31, SIF 107:2), ss. 8(6)(9), 123, Sch. 19, Pt. III.

F15

S. 7(4A) inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60, Sch. 8 Pt. I para. 2

F16

Words in s. 7(4A) added (1.10.1991) by Finance Act 1991 (c. 31, SIF 107: 2), s. 10, Sch. 3, Pt. I, para. 5(4); S.I. 1991/2021, art. 2

F17

S. 7(5) repealed (1.10.1991) by Finance Act 1991 (c. 31, SIF 107:2), ss. 10, 123, Sch. 3, Pt.I, para. 5(5), Sch. 19, Pt. IV; S.I. 1991/2021, art. 2

Marginal citations

M1

1977 c. 49.

M2

1978 c. 29.

M3

1939 c.82(101A:2).

M4

1977 c.5 (113:1).

M5

1975 c.14 (113:1).

M6

1978 c.29 (113:2).

Notes on the whole Act

Textual amendments

F1

Act repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))