The Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 1997

Regulation 7.

THE SCHEDULE

Regulation 10A

“SCHEDULE 1A MEANING OF “END OF SERIES VEHICLE” FOR THE PURPOSE OF REGULATION 10A

1.— (1) For the purposes of regulation 10A, a vehicle is an “end of series vehicle”, in relation to an EC type approval to which regulation 10A applies, if—

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

(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 ceases to have effect, and

(e) it is a vehicle forming part of the allocation of vehicles to a relevant person under sub-paragraphs (2) to (7).

(2) The Secretary of State shall make an allocation in accordance with sub-paragraphs (3) to (7) to each relevant person who makes a request to him under regulation 10A not later than one month before the relevant EC type approval ceases to have effect.

(3) Subject to sub-paragraphs (4) to (7), there shall be allocated to each relevant person in respect of each vehicle model manufactured by him 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) 10 per cent of the total number of relevant vehicles of that model,

whichever is the less.

(4) Subject to sub-paragraphs (6) and (7), where 10 per cent of the total number of relevant vehicles exceeds the number of vehicles allocated in accordance with sub-paragraph (3), to all relevant persons, there shall be allocated to each relevant person to whom fewer than 50 vehicles have been allocated under sub-paragraph (3), instead of the allocation under that sub-paragraph—

(a) the number of relevant vehicles in respect of which the request was made, or

(b) the excess number of vehicles divided between such relevant persons so that there is allocated to each that proportion which the number of vehicles in respect of which he made the request bears to the total number of vehicles in respect of which requests have been made by all such relevant persons, or

(c) 50 vehicles,

whichever is the less.

(5) Subject to sub-paragraphs (6) and (7), where 10 per cent of the total number of relevant vehicles is greater than the number of vehicles allocated in accordance with sub-paragraphs (3) and (4), the excess shall be divided between the relevant persons so that there is allocated to each in addition to the allocations under those sub-paragraphs that proportion which the number of vehicles in respect of which he made his request bears to the total number of vehicles in respect of which requests have been made by all relevant persons.

(6) Where the number of vehicles allocated to a relevant person in accordance with sub-paragraphs (3) to (5) is less than the number of vehicles in respect of which he made a request, the vehicles allocated to him shall be determined in accordance with the order of manufacture, taking the earliest first.

(7) In allocating vehicles in accordance with sub-paragraphs (3) to (5) no regard shall be had to numbers less than one.

2.— (1) In this Schedule—

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

(b) “EEA State” means a State which is a contracting Party to the EEA Agreement;

(c) a “relevant person” means a person who has made a request to the Secretary of State under regulation 10A;

(d) “a relevant vehicle” means a vehicle—

(i) in respect of which an EC certificate of conformity has been issued under the relevant EC type approval, and

(ii) which was registered under the 1994 Act during the 12 month period ending immediately before the date on which the relevant EC type approval ceased to have effect;

(e) “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 10A, and

(f) “the 1994 Act” means the Vehicle Excise and Registration Act 1994(3).

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

(1)

Cm 2073.

(2)

Cm 2183.

(3)

1994 c. 22.