The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1991

Fees on withdrawals and cancellations

12.—(1) Subject to the provisions of regulation 13, if an applicant—

(a) after he has been notified of the time and place for the examination withdraws his application; or

(b) does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,

he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.

(2) In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies—

(a) if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £90;

(b) if the Secretary of State is not so notified within that period—

(i) where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or

(ii) where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £200 whichever is the less.

(3) In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.

(4) In the case of an examination of a vehicle to which a fee specified in Schedule 2 or Schedule 3 applies—

(a) if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle for examination, the cancellation fee shall be £90;

(b) if the Secretary of State is not so notified within that period, the cancellation fee shall be £265.

(5) Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided—

(a) in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the fee which has been paid; or

(b) in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.

(6) An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 10, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).