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[As brought from the Commons]

A

bill

to

Amend retained EU law relating to compulsory insurance for the use of motor vehicles; and for connected purposes.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Retained EU law relating to compulsory insurance for motor vehicles


After section 156 of the Road Traffic Act 1988 insert—


“Retained EU law relating to compulsory insurance


156A
Retained EU law relating to compulsory insurance


(1)

To the extent that Article 3 of the 2009 Motor Insurance Directive (as
it had effect at any time) is relevant to any question as to the
interpretation or effect of any provision of this Part, references in that
Article to liability in respect of the use of vehicles are to be read as
not including liability in respect of the use in Great Britain of vehicles—


(a)

other than motor vehicles, or


(b)

otherwise than on a road or other public place.


(2)

Subsection (1) does not apply in relation to any question for the
purposes of section 145(3)(aa) or (b) as to the interpretation or effect
of the law on compulsory insurance of, or applicable in, a member
State or Northern Ireland.


(3)

Relevant section 4 rights cease to be recognised and available so far
as they relate to compensation in connection with the use in Great
Britain of vehicles—


(a)

other than motor vehicles, or


(b)

otherwise than on a road or other public place.


(4)

Accordingly, to the extent that it is inconsistent with subsection (1) or
(3)
, retained case law ceases to have effect.


(5)

In this section—


the 2009 Motor Insurance Directive
means Directive
2009/103/EC of the European Parliament and of the Council
of 16 September 2009 relating to insurance against civil liability
in respect of the use of motor vehicles, and the enforcement
of the obligation to insure against such liability;


relevant section 4 rights
means section 4 rights which—


(a)

are recognised and available in the law of England and
Wales or the law of Scotland, and


(b)

derive from the obligation imposed on the United
Kingdom by Article 10 of the 2009 Motor Insurance
Directive as it had effect immediately before IP
completion day (which relates to compensation in
connection with the use of vehicles in cases where
drivers are uninsured or untraced);


retained case law
has the same meaning as in the European
Union (Withdrawal) Act 2018 (see section 6(7) of that Act);


section 4 rights
means rights, powers, liabilities, obligations,
restrictions, remedies and procedures which continue to be
recognised and available in domestic law by virtue of section
4 of the European Union (Withdrawal) Act 2018 (saving for
rights etc under section 2(1) of the ECA), including those rights,
powers, liabilities, obligations, restrictions, remedies and
procedures—


(a)

as modified by domestic law from time to time, and


(b)

as they apply to the Crown.


(6)

Nothing in this section applies in relation to the use of a vehicle before
the day on which section 1 of the Motor Vehicles (Compulsory
Insurance) Act 2022 comes into force.”

2 Commencement, extent and short title

(1)

This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.

(2)

This Act extends to England and Wales and Scotland.

(3)

This Act may be cited as the Motor Vehicles (Compulsory Insurance) Act
2022.

Motor Vehicles (Compulsory Insurance) Bill
[As brought from the Commons]

A

bill

to

Amend retained EU law relating to compulsory insurance for the use of motor vehicles; and for connected purposes.

Brought from the Commons on

Ordered to be Printed, .

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