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The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 2393
- Regulation 7
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This version of this provision is prospective.
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Changes and effects yet to be applied to Regulation 7:
- Regulations revoked by S.I. 2018/236 Sch. 2 para. 4(c)
- reg. 7 coming into force by S.I. 2006/2393 reg. 1
Prospective
Amendment to Schedule 2 to the 2002 RegulationsU.K.
This section has no associated Explanatory Memorandum
7.—(1) Schedule 2 to the 2002 Regulations shall be amended as follows.
(2) In paragraph 1(1)(a), for the words “prohibition on entering engines into service”, there shall be substituted “prohibition on entering engines or tractors into service”.
(3) In paragraph 5(1), after the words “a relevant engine”, there shall be inserted “or a tractor fitted with a relevant engine”.
(4) In paragraph 5(2), after the words “relevant engine” in the first place in which they appear, there shall be inserted “or a tractor fitted with a relevant engine”.
(5) For paragraph 5(2)(a), there shall be substituted—
“(a)describe either—
(i)the engine to which the notice relates and any tractor in which it is installed in a manner sufficient to identify it, or
(ii)the tractor to which the notice relates in a manner sufficient to identify it;”.
(6) For paragraph 5(5) there shall be substituted—
“(5) Where a suspension notice has been served on any person in respect of an engine or a tractor, no further suspension notice shall be served on that person in respect of the same engine or tractor, unless proceedings against that person for an offence under paragraph (1)(1)(a) are pending at the end of the period specified in the first-mentioned notice.”.
(7) For paragraph 7(2) there shall be substituted—
“(2) Where—
(a)a relevant engine, or agricultural or forestry tractor, purchased under this paragraph by or on behalf of an enforcement authority is submitted to a test; and
(b)the test leads to
(i)the bringing of proceedings for an offence under paragraph 1(1)(a) in relation to a relevant engine or a tractor fitted with a relevant engine; or
(ii)the serving of a suspension notice in respect of a relevant engine or a tractor fitted with a relevant engine, and
(c)the authority is requested to do so and it is practicable for the authority to comply with the request,
the authority shall allow the person from whom the goods were purchased or any person who is a party to the proceedings or who has an interest in any relevant engine, or tractor fitted with a relevant engine, to which the notice relates, to have the engine tested.”.
(8) For paragraph 9(1) there shall be substituted—
“(1) A customs officer may, for the purpose of facilitating the exercise by an enforcement authority, or duly authorised officer of such an authority, of any powers conferred on the authority or officer by these Regulations seize any imported relevant engine or any imported agricultural tractor in which a relevant engine is installed or any records, and detain them for not more than two working days.”
Commencement Information
I1Reg. 7 in force at 12.10.2006, see reg. 1
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