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PART IIIMISCELLANEOUS

Application for Department’s approval certificate

5.—(1) An application for the issue of a Department’s approval certificate on the basis that the vehicle complies with the approval requirements by virtue of these Regulations shall be made to the Department.

(2) The application shall be in a form which –

(a)has been approved by the Department; and

(b)has been duly completed so as to furnish all the information required by that form.

(3) The application shall be accompanied by –

(a)the documents mentioned in the form as being required in connection with the application; and

(b)the prescribed fee.

(4) As soon as reasonably practicable after it receives the application, the Department shall send to the applicant a notice stating the time when and the place where an examination for the purposes of the application is to be carried out.

(5) The Department may by notice to the applicant alter the time when or the place where the examination is to be carried out but it shall not alter the time to an earlier time without the consent of the applicant.

(6) Where an original application is refused, other than on the grounds that the vehicle is not a relevant vehicle, a further application by the same applicant in respect of the vehicle shall be regarded as having been made in accordance with and pursuant to paragraphs (1) to (3) if –

(a)it is made to the Department during the period of six months beginning with the date on which the original application was refused; and

(b)at the time that he makes the further application, the applicant requests an examination to be carried out for the purpose of the further application during that period of six months and at the place where the examination took place for the purposes of the original application.

(7) Paragraphs (4) and (5) shall not apply to an application made in accordance with paragraph (6) and in the case of such an application –

(a)the Department shall inform the applicant in such manner as it thinks fit of the time when and the place where the examination is to be carried out;

(b)the Department may alter the time when or the place where the examination is to be carried out but it shall not alter the time to an earlier time without the consent of the applicant;

(c)if the Department so alters the time or place, it shall inform the applicant in such manner as it thinks fit of the time when and the place where the examination is to be carried out; and

(d)the applicant shall pay the prescribed fee to the Department before the examination is carried out.

(8) Paragraphs (4) to (7) shall not apply to an application for the issue of a Department’s approval certificate under Article 31A(5) of the 1981 Order.