3.—(1) An application for EC type approval may be made to the Secretary of State.
(2) Such an application shall be in writing and accompanied by the documents required by Article 3 of the motor cycle Directive.
(3) An application by the holder of an EC type approval certificate issued by the Secretary of State for the approval to be amended shall be made to the Secretary of State.
(4) Where the Secretary of State decides to refuse an application made under this regulation he shall give notice of the refusal to the applicant.
(5) Where the Secretary of State decides to grant or amend an EC type approval he shall issue an EC type approval certificate or (as the case may be) an amended EC type approval certificate.
(6) Such a certificate shall be in the form required by the motor cycle Directive or the relevant separate Directive (as the case may be).
(7) The Secretary of State may grant EC component type approval subject to restrictions on the use of, or conditions as respects the fitting of, a separate technical unit or component (as the case may be) of the type to which the approval relates and when he does so he shall, unless the applicant has consented to the restrictions or conditions, give notice of his decision to the applicant.
(8) The Secretary of State may refuse to grant EC vehicle type approval if he is not satisfied that the applicant has made adequate arrangements for complying with regulation 5.
(9) The Secretary of State may refuse to grant EC component type approval if he is not satisfied that the applicant has made adequate arrangements for complying with regulation 5, 7 or 8.
(10) Without prejudice to paragraphs (8) and (9) the Secretary of State shall make any decision under this regulation in accordance with the motor cycle Directive and any relevant separate Directives and in particular the requirement of the motorcycle Directive that a member State granting EC type approval must ensure that adequate arrangements have been made to ensure that production vehicles, components and separate technical units (as the case may be) conform to the EC approved type.
4.—(1) The holder of an EC vehicle type approval certificate granted by the Secretary of State shall comply with the requirements of the first sentence of Article 7(1) of the motor cycle Directive (holders of EC vehicle type approval to issue certificates of conformity).
(2) The holder of an EC component type approval certificate granted by the Secretary of State shall comply with Articles 7(2) and (4) and 8 of the motor cycle Directive (holders of EC component type approval to issue certificates of conformity and affix markings) so far as those provisions are applicable.
5. The holder of an EC type approval certificate granted by the Secretary of State shall comply with paragraphs 1.1 to 1.1.6 of Annex VI to the motor cycle Directive (provisions relating to checking the conformity of production).
6. The holder of an EC type approval certificate granted by the Secretary of State shall permit the Secretary of State to carry out his obligations in relation to the approval under Article 4(3) and (5) of the motor cycle Directive or any similar provision under a separate Directive and shall cooperate with any person acting on behalf of the Secretary of State in connection with those obligations.
7. Where an EC component type approval certificate has, pursuant to regulation 3(5), been granted by the Secretary of State subject to restrictions, the holder shall comply with the requirements of Article 7(5) of the motor cycle Directive.
8. Where an EC component type approval for a separate technical unit of non-original equipment has, pursuant to regulation 3(5), been granted by the Secretary of State in connection with one or more types of vehicle, the holder shall comply with the requirements of Article 7(6) of the motor cycle Directive.
9.—(1) If the Secretary of State, after an examination has been carried out on his behalf of two or more—
(a)vehicles associated with a single EC vehicle type approval granted by him, or
(b)separate technical units or components, being separate technical units or components associated with a single EC component type approval granted by him,is satisfied that there has been a failure to conform to the approved type on the part of each of those vehicles or, as the case may be, each of those vehicle components or separate technical units or components, he may by notice given to the holder withdraw the EC type approval.
(2) If, as a result of carrying out the obligations of the United Kingdom under Article 4(3) of the motor cycle Directive (competent authorities to ensure that certain provisions of the Directive continue to be observed) in relation to an EC type approval granted by him, the Secretary of State is satisfied that—
(a)the holder’s arrangement for ensuring that production vehicles, separate technical units or components (as the case may be) conform to the approved type are no longer adequate, or
(b)without prejudice to sub-paragraph (a), the holder has failed to comply with the requirements imposed by or under regulations 5, 6, 7 or 8, so far as those requirements are applicable,
the Secretary of State may by notice given to the holder suspend the EC type approval.
(3) Before withdrawing or suspending an EC type approval under this regulation, the Secretary of State must give the holder notice stating that he is considering withdrawing the approval and must give particulars of the grounds on which he is considering doing so.
(4) Where the Secretary of State gives notice to a holder under paragraph (3)—
(a)the holder may, within the period of 28 days beginning with the day on which notice is given, make representations with respect to the proposed withdrawal or suspension,
(b)the Secretary of State must not decide to withdraw or suspend the approval until the expiration of that period, and
(c)before deciding whether or not to withdraw or suspend the approval, the Secretary of State must take into account any such representations made by the holder during that period.
(6) If the holder of an EC type approval which has been suspended under this regulation purports to issue a certificate of conformity by virtue of that approval, the certificate shall be invalid, but a suspension shall not affect the validity of any certificate of conformity issued before the approval is suspended.
(7) A suspension under this regulation shall remain in force until it is revoked by the Secretary of State.
(8) The Secretary of State may, by notice under paragraph (3) or by subsequent notice given to the holder, exempt from paragraph (6) such EC certificates of conformity or classes of EC certificates of conformity as are specified in the notice.
(9) If, following a request by the holder, the Secretary of State refuses to exercise his powers under paragraph (7) or (8) in relation to an EC type approval which has been suspended under this regulation, he shall give notice of his decision to the holder.
(10) For the purposes of this regulation—
(a)a vehicle is associated with an EC vehicle type approval if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval, and
(b)a separate technical unit or component is associated with an EC component type approval if it has been marked with an approval mark and the marking relates to that type approval, or if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval.