Equipment Theft (Prevention) Act 2023 Requirements for sale of equipment 1 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. Record keeping 2 1 The Secretary of State may by regulations provide that a person selling equipment of a kind falling within a description in section 1 (2) must record specified information in connection with the sale. 2 The information may include, for example— a a name, address or telephone number, or other contact details, of the buyer, b the make, model or colour of the equipment, c if the equipment is marked with a unique identifier of a kind specified in regulations under section 1 (1) — i details of that unique identifier, and ii the method or location of the marking, and d the date on which the contract of sale was entered into. 3 Regulations under subsection (1) may make provision about— a when the information must be recorded; b for how long the information must be kept; c the form in which the information must be kept (including, for example, in an online system of a particular kind). 4 Regulations under subsection (1) may not require a person selling equipment to record information 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. Enforcement 3 1 A person commits an offence if the person— a sells equipment in breach of regulations under section 1 , or b fails to record or keep information in accordance with regulations under section 2 . 2 A person that commits an offence under subsection (1) is liable on summary conviction to a fine. 3 An enforcement authority may enforce regulations under section 1 or 2 in their area. 4 For the powers available to an enforcement authority for the purposes of enforcing regulations under section 1 or 2 , see Schedule 5 to the Consumer Rights Act 2015 (investigatory powers of enforcers etc). 5 “ Enforcement authority ” means— a a local weights and measures authority, or b a district council that is not a local weights and measures authority. 6 In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (duties and powers under which enforcement powers may be exercised), at the end insert— section 3 of the Equipment Theft (Prevention) Act 2023. Regulations: general 4 1 A power to make regulations under any provision of this Act includes power to make— a consequential, supplementary, transitional or saving provision; b different provision for different purposes. 2 Regulations under this Act are to be made by statutory instrument. 3 A statutory instrument containing regulations under this Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. Extent, commencement and short title 5 1 This Act extends to England and Wales. 2 This Act comes into force at the end of the period of six months beginning with the day on which this Act is passed. 3 This Act may be cited as the Equipment Theft (Prevention) Act 2023.