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(1)Subject to subsections (3) and (4) below, no person shall, in the course of carrying on a business, supply or offer or agree to supply or expose or have in his possession for the purpose of supplying—
(a)an exhaust system for a motor cycle; or
(b)a silencer, or any component other than a silencer or fixing, for such a system,
unless the system, silencer or component complies with such requirements as may be prescribed by regulations made by the Secretary of State and, as respects such a system or silencer, the requirements of the regulations as to packaging, labelling and the provision of accompanying instructions are complied with.
(2)The regulations made by the Secretary of State for the purposes of this section shall be such as he considers necessary for preventing the supply of exhaust systems, silencers and components which are likely to result in motor cycles to which they are fitted emitting excessive noise; and those regulations may—
(a)prescribe requirements by reference to any British Standard Specification, any regulations [F1made or having effect as if made under section 41 of the Road Traffic Act 1988], any Community instrument or any other instrument issued by an international authority; and
(b)make different provision for different cases.
(3)Exemptions from this section or any requirements imposed under it may be conferred by regulations made by the Secretary of State or, in the case of an exemption applying to a particular person, by a notice in writing given by him to that person.
(4)Subsection (1) above does not apply in any case in which the person in question reasonably believes that the exhaust system, silencer or component will not be used in the United Kingdom.
(5)Before making any regulations under this section the Secretary of State shall consult such representative organisations as he thinks fit.
(6)The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(7)The Schedule to this Act shall have effect with respect to contraventions of this section and the enforcement of its provisions.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 33
Modifications etc. (not altering text)
C1S. 1 excluded (1.8.1996) by S.I. 1995/2370, regs. 5(1)(2)(3)
(1)This Act may be cited as the Motor Cycle Noise Act 1987.
(2)In this Act references to a motor cycle include references to a moped and a motor scooter and references to supply include references to gratuitous supply.
(3)This Act shall come into force on such day as may be appointed by the Secretary of State by an order made by statutory instrument; and different days may be appointed for different provisions or different purposes.
(4)This Act does not extend to Northern Ireland.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Subordinate Legislation Made
P1S. 2(3) power fully exercised (30.8.1995): 1.8.1996 appointed for whole Act by S.I. 1995/2367, art. 2
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