Equipment Theft (Prevention) Act 2023
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Change 1
1 Requirements for sale of equipment
(1) The Secretary of State may by regulations make provision to restrict the sale of specified equipment where a specified requirement is not met. (2) Regulations under subsection (1) may specify equipment of a kind falling within the following descriptions— (a) mechanically propelled vehicles that— (i) are designed or adapted primarily for use other than on a road, (ii) have an engine capacity of at least 250 cubic centimeters or two kilowatts, and (iii) travel on more than two wheels or on tracks; (b) other equipment designed or adapted primarily for use in agricultural or commercial activities. (3) Regulations under subsection (1) may specify a requirement of a kind falling within the following descriptions— (a) a requirement that the equipment is fitted with a device designed, or adapted, to be fitted for the purposes of preventing the equipment from being driven or otherwise put in motion; (b) a requirement that the equipment is marked with— (i) a unique identifier, and (ii) a visible indication that it is marked with a unique identifier. (4) Regulations under subsection (1) may not restrict the sale of equipment if— (a) the sale is solely for the purposes of onward sale by the buyer, or (b) the equipment has previously been used for the purpose for which it was primarily designed or adapted. (5) In this Act— (a) “equipment” includes a vehicle; (b) equipment is not “used for the purpose for which it was primarily designed or adapted” solely by virtue of being used— (i) in order to demonstrate its features to a potential buyer of the equipment or other equipment of the same or a similar kind, or (ii) in preparation for such a demonstration.
1 Requirements for sale of equipment
(1) The Secretary of State may by regulations make provision to restrict the sale of specified equipment where a specified requirement is not met. (2) Regulations under subsection (1) may specify equipment of a kind falling within the following descriptions— (a) mechanically propelled vehicles that— (i) are designed or adapted primarily for use other than on a road, (ii) have an engine capacity of at least 250 cubic centimeters or two kilowatts, and (iii) travel on more than two wheels or on tracks; (b) other equipment designed or adapted primarily for use in agricultural or commercial activities. (3) Regulations under subsection (1) may specify a requirement of a kind falling within the following descriptions— (a) a requirement that the equipment is fitted with a device designed, or adapted, to be fitted for the purposes of preventing the equipment from being driven or otherwise put in motion; (b) a requirement that the equipment is marked with— (i) a unique identifier, and (ii) a visible indication that it is marked with a unique identifier. (4) Regulations under subsection (1) may not restrict the sale of equipment if— (a) the sale is solely for the purposes of onward sale by the buyer, or (b) the equipment has previously been used for the purpose for which it was primarily designed or adapted. (5) In this Act— (a) “equipment” includes a vehicle; (b) equipment is not “used for the purpose for which it was primarily designed or adapted” solely by virtue of being used— (i) in order to demonstrate its features to a potential buyer of the equipment or other equipment of the same or a similar kind, or (ii) in preparation for such a demonstration.
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