ACTS AMENDMENT (MOTOR CAR AND LANDLORD AND TENANT) ACT

Another act to be debated on Wednesday July 9th

A BILL

entitled

ACTS AMENDMENT (MOTOR CAR AND LANDLORD AND TENANT) ACT 2008

WHEREAS it is expedient to amend the ~otor Car Act 1951 and the Landlord and Tenant Act 1974:

Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:

Short title

1 This Act, which amends the Motor Car Act 1951 and the Landlord and Tenant Act 1974, may be cited as the Acts Amendment (Motor Car and Landlord and Tenant) Act 2008.

Amends section 16 of the Motor Car Act 1951

2              Section 16 of the Motor Car Act 1951 is amended by inserting

next after subsection (1) the following-

"[LA) No person shall register a private motor car under subsection (1) unless, in addition to the requirements of that subsection-

(a) that person is in physical occupation of the residence in respect of which the private motor car is to be registered; and

(b) that person is the holder of a valid driver’s licence.".

Inserts new section SA into the Landlord and Tenant Act 1974

3             The Landlord and Tenant Act 1974 is amended by inserting next

after section 5 of that Act the following-

"Implied covenant for use of valuation unit number

5A (1) In every contract of tenancy of a house or apartment that has a valuation unit number, being a contract of tenancy to which this Part applies, there shall be implied a covenant on the part of the landlord to the effect that the tenant is entitled to use that valuation unit number for the purposes of registering a private motor car under the Motor Car Act 1951 during the term of the contract of tenancy, to the exclusion of the landlord.

(2) For the purposes of subsection (I), "valuation unit number" means the number that has been assigned to a valuation unit by the Director of Land Valuation under the Land Valuation and Tax Act 1967.".


ACTS AMENDMENT (MOTOR CAR AND LAND AND TENANT) BILL 2008

EXPLANATORY MEMORANDUM

This Bill seeks to amend the Motor Car Act 1951 and Landlord and TenentAct 1974.

Clause 1 sets out the short title of this Act.

Clause 2 makes it clear that only the person who is in physical occupation of a residence can use that residence, for the purposes of private motor car registration, and that that person must also be a holder of a valid driver’s licence.

Clause 3 implies into every contract of tenancy that only the tenant is allowed to utilise a valuation unit number for the purposes of private motor car registration.

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