The Motor Vehicles (EC Type Approval) Regulations 1998

Regulations 12 and 13

SCHEDULE 2

PART I MEANING OF END OF SERIES VEHICLE FOR THE PURPOSES OF REGULATION 12

1.—(1) For the purposes of regulation 12, a vehicle is an end of series vehicle for an EC type approval to which regulation 12 applies, if—

(a) an EC certificate of conformity has been issued in respect of the vehicle under the EC type approval (whether before or after the giving of the direction by the Secretary of State),

(b) the vehicle was in the territory of an EEA State at a time when the EC type approval had effect,

(c) it was manufactured with the intention that it should be supplied by retail for use in the United Kingdom,

(d) it was not registered under the 1994 Act on the date on which the relevant EC type approval ceased to have effect, and

(e) it is a vehicle forming part of the allocation of vehicles to a relevant person under sub-paragraphs (2) and (3) of this Part of this Schedule.

(2) The Secretary of State shall make an allocation in accordance with sub-paragraph (3) to each relevant person who makes a request to him under regulation 12 not later than one month before the relevant EC type approval ceases to have effect.

(3) The Secretary of State shall allocate to each relevant person in respect of each vehicle model manufactured in conformity with the relevant EC type approval—

(a) the number of vehicles of that model in respect of which the request is made, or

(b) the number of vehicles of that model for which an EC certificate of conformity was issued on or after the date of manufacture and which remained valid for at least 3 months after its date of issue but subsequently lost its validity because of the provisions of the Framework Directive or a separate Directive,

whichever is the less.

2.—(1) In this Part of this Schedule—

(a) “EEA Agreement” means the Agreement on the European Economic Area signed at Opporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(1),

(b) “EEA State” means a State which is a contracting party to the EEA Agreement,

(c) “relevant person” means a person who has made a request to the Secretary of State under regulation 12, and

(d) “the relevant EC type approval” means the EC type approval in respect of which the request has been made to the Secretary of State under regulation 12.

(2) For the purposes of this Part of this Schedule, a vehicle shall be regarded as manufactured when its final assembly is completed.

PART II MEANING OF END OF SERIES VEHICLE FOR THE PURPOSES OF REGULATION 13

3.—(1) For the purposes of regulation 13, a vehicle is an end of series vehicle, for a national type approval to which regulation 13 applies, if—

(a) a certificate of conformity has been issued in respect of the vehicle under the relevant national type approval (whether before or after the giving of the direction),

(b) it was manufactured with the intention that it should be supplied by retail for use in the United Kingdom,

(c) it was not registered under the 1994 Act on the date on which the relevant national type approval ceases to have effect, and

(d) it is a vehicle forming part of the allocation of vehicles to a relevant person under sub-paragraphs (2) and (3).

(2) The Secretary of State shall make an allocation in accordance with sub-paragraph (3) to each relevant person who makes a request to him under regulation 13 not later than one month before the relevant national type approval ceases to have effect.

(3) The Secretary of State shall allocate to each relevant person in respect of each vehicle model manufactured in conformity with the relevant national type approval—

(a) the number of vehicles of that model in respect of which the request is made, or

(b) the number of vehicles of that model for which a certificate of conformity was issued on or after the date of manufacture and which remained valid for at least 3 months after its date of issue but subsequently lost its validity because of the provisions of the Directive or one or more of the separate Directives,

whichever is the less.

4.—(1) In this Part of this Schedule—

(a) a “relevant person” means a person who has made a request to the Secretary of State under regulation 13, and

(b) “the relevant national type approval” means the national type approval in respect of which a request has been made to the Secretary of State under regulation 13.

(2) For the purposes of this Part of this Schedule, a vehicle shall be regarded as manufactured when its final assembly is completed.

(1)

Cm 2073 and 2183.