So, we have now seen the draft legislation which will be put to Parliament today and, if agreed, come into force tomorrow.
This legislation contradicts the position which was set out in the initial government guidance rapidly issued after Boris’s announcement on Saturday.
As legalisation will always trump guidance, this is what car dealers are now working with:
The legislation also specifically prohibits consumers from entering the premises to collect. A rather silly rule for a November lockdown given the likelihood of inclement weather, and one, we feel could be broken on the basis that it is absurd. However, to keep on the safe side, the legislation does allow pick up from any of the other places listed in Part 3 of the Schedule which includes petrol stations, car repair and MOT centres, and car parks.
So for those with a service centre on site, pick up could be
undertaken there, and for those who use a friendly local garage for their PDIs,
pick up could be from there.
The legalisation also sets out the level of fine for breaching the business restriction rules which starts at £1000 for the first offence, £2000 for the second offence, £4000 for the third and £10,000 for the fourth or any subsequent penalty.
This is the position based on the draft legislation. We do not expect it to substantially change but do watch this space!