The Motor Cycles Etc. (Replacement of Catalytic Converters) and Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) (Amendment) Regulations 2011

This Statutory Instrument has been made in consequence of defects in S.I. 2009/1896 and S.I. 2009/1899 and is being issued free of charge to all known recipients of those Statutory Instruments.

Statutory Instruments

2011 No. 1854

Road Traffic

The Motor Cycles Etc. (Replacement of Catalytic Converters) and Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) (Amendment) Regulations 2011

Made

25th July 2011

Laid before Parliament

27th July 2011

Coming into force

5th September 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).

He is designated(2) for the purposes of section 2(2) in relation to the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and in particular any vehicle type approval scheme.

Citation and commencement

1.  These Regulations may be cited as the Motor Cycles Etc. (Replacement of Catalytic Converters) and Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) (Amendment) Regulations 2011 and come into force on 5th September 2011.

Amendments to Regulations

2.—(1) Regulation 6 of the Motor Cycles Etc. (Replacement of Catalytic Converters) Regulations 2009(3) and regulation 9 of the Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009(4) are both amended as follows.

(2) After paragraph (4) insert—

“(4A) Paragraph (4) does not apply to proceedings in Scotland.”.

(3) In paragraph (5), for “But nothing”, substitute “Nothing”.

Signed by authority of the Secretary of State

Norman Baker

Parliamentary Under Secretary of State

Department for Transport

25th July 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Motor Cycles Etc. (Replacement of Catalytic Converters) Regulations 2009 (“the Motor Cycle Regulations”) and the Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009 (“the Motor Vehicle Regulations”). Both the Motor Cycle Regulations and the Motor Vehicle Regulations make provision in relation to the supply and installation of catalytic converters (and also, in the case of the Motor Vehicle Regulations, pollution control devices) intended to be replacement parts.

These Regulations amend the Motor Cycle Regulations and the Motor Vehicle Regulations to make it clear that proceedings for an offence under those Regulations can be brought in Scotland.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum is available alongside the instrument on the website www.legislation.gov.uk.

(1)

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

(2)

S.I. 1972/1811; to which there are amendments not relevant to these Regulations.

(3)

S.I. 2009/1896.

(4)

S.I. 2009/1899.