The End-of-Life Vehicles Regulations 2003 No. 2635

PART V U.K. Certificate of destruction

Issue of the certificate of destruction U.K.

27.  Subject to regulations 28 and 29, when an authorised treatment facility accepts delivery of an end-of-life vehicle transferred to it for treatment, it shall issue a certificate of destruction to the last holder or owner of the vehicle.

Prohibition of charges U.K.

28.  An authorised treatment facility shall not impose any charge on the last holder or owner of an end-of-life vehicle for the issue of a certificate of destruction.

Form and content of certificate of destruction U.K.

29.  The certificate of destruction issued by the authorised treatment facility [F1 on the form which is to be approved by the Secretary of State,] shall contain at least the information listed in Schedule 3F2 ...

Textual Amendments

F1 Words in reg. 29 inserted (3.3.2005) by The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), regs. 1, 28(c)

F2 Words in reg. 29 omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 9(9) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

[F3 Issue of a certificate of destruction U.K.

29A.   A certificate of destruction is validly issued for the purposes of these Regulations only where —

(a) it is issued by an authorised treatment facility; and

(b) it meets the requirements of regulation 29.]

Textual Amendments

F3 Reg. 29A inserted (3.3.2005) by The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), regs. 1, 28(d)

Enforcement U.K.

30.  It shall be the duty of the following authorities to enforce this Part of the Regulations—

(a) in Great Britain, the Secretary of State, and

(b) in Northern Ireland, the Department of the Environment.

Offences U.K.

31.  Any person who contravenes a requirement of regulation—

(a) 27; or

(b) 28; [F4 or

(c) 29A]

shall be guilty of an offence.

Textual Amendments

F4 Reg. 31(c) and word inserted (3.3.2005) by The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263), regs. 1, 28(e)

Penalties U.K.

32.  A person guilty of an offence under regulation 31 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Certificate of destruction issued in an EEA State or Gibraltar U.K.

33.  A certificate of destruction validly issued—

(a) by an authorised treatment facility in [F5 an] EEA State or in Gibraltar; or

(b) where permitted by a licensing authority in [F6 an] EEA State or in Gibraltar, by a producer, dealer or collector on behalf of an authorised treatment facility;

in accordance with—

(i) Article 5(3) of the Directive; and

(ii) Decision 2002/151/EC,

[F7 and containing at least the information listed in Schedule 3 has legal effect, and all rights, powers, liabilities, obligations and restrictions arising out of or incidental to such certificates or their issue shall be recognised and available in law, and be enforced, allowed and followed accordingly.]

Textual Amendments

F5 Word in reg. 33(a) substituted (31.12.2020) by S.I. 2019/188, reg. 9(1)(a) (as substituted by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1))

F6 Word in reg. 33(b) substituted (31.12.2020) by S.I. 2019/188, reg. 9(1)(a) (as substituted by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1))

F7 Words in reg. 33 substituted (31.12.2020) by S.I. 2019/188, reg. 9(1)(b) (as substituted by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1))

Amendments to the Road Vehicles (Registration and Licensing) Regulations 2002 U.K.

34.  The Road Vehicles (Registration and Licensing) Regulations 2002 M1 are amended as follows—

(a) in regulation 17 the words “destroyed or” shall be deleted;

(b) after regulation 17 the following shall be inserted—

Vehicles to which the End-of-Life Vehicles Directive applies

17A.— (1) This regulation applies to a vehicle to which Directive 2000/53 of the European Parliament and of the Council on end-of-life vehicles applies and which is—

(a) registered in the GB or NI records; or

(b) designed or adapted for use on a road and would be registered but for the fact that it falls within the exemption in regulation 29(2).

(2) Where a vehicle to which this regulation applies is transferred to an authorised treatment facility—

(a) if that facility is in the United Kingdom, the owner or operator thereof shall notify the Secretary of State of the issue of a certificate of destruction pursuant to regulation 27 of the End-of-Life Vehicles Regulations and at the same time shall surrender the registration document to him, except where the registration document has been lost, stolen or destroyed; and

(b) if that facility is in an EEA State other than the United Kingdom, the registered keeper of the vehicle shall notify the Secretary of State of the issue in that other EEA State of a certificate of destruction and at the same time the registered keeper shall surrender the registration document to him except where the registration document has been lost, stolen or destroyed.

(3) Where the Secretary of State has been notified of the issue of a certificate of destruction he shall not as respects the vehicle to which it relates—

(a) record in the GB records or, in the case of a vehicle registered in Northern Ireland, in the NI records any further change of keeper;

(b) accept the required declaration in paragraph 1(1) of Schedule 4.

(4) In this regulation “authorised treatment facility”, “certificate of destruction” and “EEA State” have the meanings that those expressions have in the End-of-Life Vehicles Regulations 2003.”; and

(c) In Schedule 8—

(i) in column 1 under the heading “Regulation”, after “17” there shall be inserted “ 17A ”; and

(ii) in column 2 under the heading “Subject matter of regulation”, after “Notification of destruction or permanent export of a vehicle” there shall be inserted “ Notification of the issue of a certificate of destruction: vehicle to which the End-of-Life Vehicles Directive applies ”.

Marginal Citations

M1 S.I. 2002/2742.

Restrictions on disclosure of information U.K.

F8 35.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 35 omitted (1.7.2010) by virtue of The End-of-Life Vehicles (Amendment) Regulations 2010 (S.I. 2010/1094), regs. 1(2), 2(13)

Interpretation U.K.

36.  In this Part of the Regulations—

(a) “register” means the record kept by or on behalf of the Secretary of State of the vehicles registered by him in Great Britain or in Northern Ireland under section 21 of the Vehicle Excise and Registration Act 1994; and

(b) “Secretary of State” means the Secretary of State for Transport.