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38.—(1) If an EC certificate of conformity, a national small series certificate of conformity or an individual approval certificate is lost or defaced, the owner or keeper of the vehicle to which the certificate relates may apply for a duplicate certificate—
(a)in the case of an EC or national small series certificate of conformity, to the manufacturer by whom the original was issued, and
(b)in the case of an individual approval certificate, to the approval authority.
(2) Where a certificate has been lost, the application for a duplicate must include—
(a)particulars of the vehicle or vehicle part to which the certificate related, and
(b)either the serial number of the original certificate or such other information concerning the original certificate as is available and is reasonably required for enabling the records relating to the original certificate to be searched and the particulars of the original traced.
(3) Where a certificate has been defaced, the application for a duplicate must be accompanied by—
(a)the defaced certificate, and
(b)(if the serial number of that certificate is no longer legible) by such other information concerning the original certificate as is available and is reasonably required for enabling the records relating to the original certificate to be searched and the particulars of the original traced.
(4) A duplicate certificate must be marked “Duplicate”.
(5) A manufacturer to whom an application for a duplicate certificate is made under paragraph (1)(a) may not unreasonably refuse to issue the duplicate but may charge a reasonable fee for so doing.
(6) Every application under paragraph (1)(b) for a duplicate certificate must be accompanied by the prescribed fee (if any).
(7) In this regulation, “EC certificate of conformity” includes, as well as any certificate of conformity within the meaning of Article 3(36) of the Framework Directive—
(a)a certificate of conformity issued in accordance with regulation 5 of the 1998 Regulations, and
(b)a certificate of conformity issued under the law of a member State other than the United Kingdom in accordance with Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member States relating to the type approval of motor vehicles and their trailers (as amended).
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