Waste Management Act 1996

53D

F260[Requirement to deposit mechanically propelled vehicle for recovery, etc.

53D.(1) In this section

essential components of a vehicle means the engine and coachwork of a vehicle;

national vehicle records means the records established and maintained under section 60 of the Finance Act 1993.

(2) Where the registered owner of a mechanically propelled vehicle decides to discard the vehicle as waste he or she shall deposit the vehicle at an authorised treatment facility for the purpose of its being the subject of appropriate treatment and recovery.

(3) Subject to subsection (4), that deposit, treatment and recovery shall, if the vehicle is a specified vehicle, occur without any cost being incurred by the registered owner.

(4) The Minister may make regulations providing that

(a) subsection (3) shall not apply where the specified vehicle to be deposited

(i) does not contain the essential components or other specified components of a vehicle,

(ii) contains waste which has been added to the vehicle, or

(iii) was not the subject of a licence taken out under section 1 of the Act of 1952 or, as the case may be, section 21(3) of the Finance (No. 2) Act 1992 for such period or periods as may be specified preceding the deposit,

(b) subsection (3), in so far as it provides that the deposit of the specified vehicle shall occur without any cost being incurred by the registered owner, shall not apply unless specified conditions are complied with.

(5) Subject to any regulations under this section, the operator of an authorised treatment facility shall

(a) issue, in relation to the vehicle, a certificate (in this section referred to as a certificate of destruction) to the registered owner on the deposit by him or her of a mechanically propelled vehicle at the facility for appropriate treatment and recovery,

(b) notify, in such form as the Minister may determine, the Minister of the fact of that certificate having been issued and of such particulars contained in it as the Minister may determine (and the form that is so determined may be a form that is not legible if it is capable of being converted into a legible form).

(6) The Minister shall note on the national vehicle records such of the particulars contained in certificates of destruction as he or she considers appropriate and which have been notified to him or her under subsection (5)(b).

(7) The operator of an authorised treatment facility shall not transfer a mechanically propelled vehicle which has been deposited with him or her in accordance with subsection (2) to any other person save for the purpose of its being the subject of appropriate treatment and recovery at another authorised treatment facility.

(8) A mechanically propelled vehicle in respect of which a certificate of destruction has been issued shall not be subsequently

(a) registered,

(b) licensed under section 1 of the Act of 1952 or section 21(3) of the Finance (No. 2) Act 1992,

(c) used in a public place, or

(d) exported.]

Annotations

Amendments:

F260

Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 44, S.I. No. 393 of 2004.

Editorial Notes:

E529

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.

E530

Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).