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7.—(1) Subject to regulation 8, where a person applies on or after the coming into force of these Regulations for a licence or nil licence under the Vehicle and Excise Registration Act 1994(1) for a vehicle which comes within the vehicle category T1, T2 and T3 and to which these Regulations apply, and no licence or nil licence has previously been granted under that Act for that vehicle, the Secretary of State shall not grant the licence or nil licence unless—
(a)it is shown that a certificate of conformity has effect with respect to the vehicle, or
(b)the application is made before 1st July 2009 and the vehicle belongs to the same type as a vehicle used before 1st July 2005.
(2) Where by virtue of paragraph (1) the Secretary of State refuses to grant a licence or nil licence for a vehicle, he shall give notice of his decision to the applicant.
(3) Where a mark or number which identifies the EC type-approval certificate has been affixed in accordance with regulation 6(3) for a system, component or separate technical unit, that system, component or separate technical unit shall not be prohibited from sale or entry into service on a ground relating to its construction or functioning.
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