SCHEDULE 2
PART IMEANING OF END OF SERIES VEHICLE FOR THE PURPOSES OF REGULATION 12
1
1
For the purposes of regulation 12, a vehicle is an end of series vehicle for an EC type approval to which regulation 12 applies, if—
a
an EC certificate of conformity has been issued in respect of the vehicle under the EC type approval (whether before or after the giving of the direction by the Secretary of State),
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 ceased to have effect, and
e
it is a vehicle forming part of the allocation of vehicles to a relevant person under sub-paragraphs (2) and (3) of this Part of this Schedule.
2
The Secretary of State shall make an allocation in accordance with sub-paragraph (3) to each relevant person who makes a request to him under regulation 12 not later than one month before the relevant EC type approval ceases to have effect.
3
The Secretary of State shall allocate to each relevant person in respect of each vehicle model manufactured 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
the number of vehicles of that model for which an EC certificate of conformity was issued on or after the date of manufacture and which remained valid for at least 3 months after its date of issue but subsequently lost its validity because of the provisions of the Framework Directive or a separate Directive,
whichever is the less.
2
1
In this Part of this Schedule—
a
“EEA Agreement” means the Agreement on the European Economic Area signed at Opporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 199321,
b
“EEA State” means a State which is a contracting party to the EEA Agreement,
c
“relevant person” means a person who has made a request to the Secretary of State under regulation 12, and
d
“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 12.
2
For the purposes of this Part of this Schedule, a vehicle shall be regarded as manufactured when its final assembly is completed.
PART IIMEANING OF END OF SERIES VEHICLE FOR THE PURPOSES OF REGULATION 13
3
1
For the purposes of regulation 13, a vehicle is an end of series vehicle, for a national type approval to which regulation 13 applies, if—
a
a certificate of conformity has been issued in respect of the vehicle under the relevant national type approval (whether before or after the giving of the direction),
b
it was manufactured with the intention that it should be supplied by retail for use in the United Kingdom,
c
it was not registered under the 1994 Act on the date on which the relevant national type approval ceases to have effect, and
d
it is a vehicle forming part of the allocation of vehicles to a relevant person under sub-paragraphs (2) and (3).
2
The Secretary of State shall make an allocation in accordance with sub-paragraph (3) to each relevant person who makes a request to him under regulation 13 not later than one month before the relevant national type approval ceases to have effect.
3
The Secretary of State shall allocate to each relevant person in respect of each vehicle model manufactured in conformity with the relevant national type approval—
a
the number of vehicles of that model in respect of which the request is made, or
b
the number of vehicles of that model for which a certificate of conformity was issued on or after the date of manufacture and which remained valid for at least 3 months after its date of issue but subsequently lost its validity because of the provisions of the Directive or one or more of the separate Directives,
whichever is the less.
4
1
In this Part of this Schedule—
a
a “relevant person” means a person who has made a request to the Secretary of State under regulation 13, and
b
“the relevant national type approval” means the national type approval in respect of which a request has been made to the Secretary of State under regulation 13.
2
For the purposes of this Part of this Schedule, a vehicle shall be regarded as manufactured when its final assembly is completed.