PART 3Amendments to secondary legislation

Amendments to Part 314

1

In the heading for Chapter 1, for “National small” substitute “Small”.

2

In regulation 15—

a

in the heading, after “applications for” insert “GB small series type-approval and UK (NI)”;

b

in paragraph (1)—

i

in sub-paragraph (a)—

aa

before “national” insert “UK (NI)”;

bb

at the end, omit “or”;

ii

in sub-paragraph (b), after “approval”, the first time it occurs, insert “granted before IP completion day, or a UK (NI) national small series type-approval”;

iii

after sub-paragraph (b), insert—

c

a GB small series type-approval, or

d

an amendment to a GB small series type-approval which the manufacturer holds,”;

c

in paragraph (4), for “EU type-approval certificates” substitute “GB type-approval certificates”.

3

In regulation 16—

a

in the heading, after “grant of” insert “GB small series type-approval and UK (NI)”;

b

in paragraph (1), for sub-paragraph (a), substitute—

a

make the decision whether or not to grant—

i

a GB small series type-approval or an amendment to such an approval in accordance with Article 42 of the Type Approval Regulation (type-approval of vehicles produced in small series),

ii

a UK (NI) national small series type-approval or an amendment to such an approval in accordance with Article 42 of the EU Type Approval Regulation, or

iii

an amendment to a national small series type-approval granted prior to IP completion day in accordance with Article 42 of the Type Approval Regulation,

c

in paragraph (3), for “a national small series type-approval” substitute “a type-approval in accordance with paragraph (1)”;

d

in paragraphs (4) and (5)—

i

for “national small series type approval” substitute “type-approval granted or amended in accordance with paragraph (1)”;

ii

omit “other than the United Kingdom”;

e

in paragraph (6), after “grant a” insert “GB small series type-approval or a UK (NI)”;

f

in paragraph (7), for “a national small series type approval” substitute “a type approval granted under paragraph (1)”;

g

in paragraph (9), after “Regulation” insert “or, in the case of a UK (NI) national small series type approval, the EU Type Approval Regulation,”.

4

In regulation 17—

a

in the heading—

i

after “Recognition” insert “in Northern Ireland”;

ii

omit “other”;

b

in paragraph (1)—

i

before “Type-approval” insert “EU”;

ii

after “recognition” insert “in Northern Ireland”;

iii

before “small series” insert “national”;

iv

omit “other than the United Kingdom”;

c

in paragraphs (4) and (6), for “the United Kingdom” each time it occurs, substitute “Northern Ireland”;

d

in paragraph (5)(b)—

i

after “issue a” insert “UK (NI)”;

ii

at the end, insert “in accordance with regulation 20(1)”.

5

In regulation 18—

a

in paragraph (1), for “individual approval of a vehicle” substitute “a GB individual vehicle approval, a UK (NI) national individual vehicle approval or an EU individual vehicle approval”;

b

in paragraph (2), for “individual approval certificate” substitute “an approval under this regulation”;

c

in paragraph (3)(a)—

i

after “application” insert “for a UK (NI) national individual vehicle approval”;

ii

before “Type Approval” insert “EU”;

d

in paragraph (4)—

i

before “Type Approval” both times it appears, insert “EU”;

ii

in sub-paragraph (a), omit “other than the United Kingdom”;

e

in paragraph (7)(a)—

i

for “an individual approval” substitute “a GB individual vehicle approval”;

ii

at the end, omit “and”;

iii

after sub-paragraph (a), insert—

aa

make the decision whether or not to grant an EU individual vehicle approval in accordance with Article 44 of the EU Type Approval Regulation;

ab

make the decision whether or not to grant a UK (NI) national individual vehicle approval in accordance with Article 45 of the EU Type Approval Regulation; and”;

f

in paragraph (8)—

i

in the opening words, for “(7)(b)” substitute “7”;

ii

in sub-paragraph (a), after “Approval Regulation” insert “or the EU Type Approval Regulation”;

iii

in sub-paragraph (b)—

aa

for “an individual approval” substitute “a UK (NI) national individual vehicle approval”;

bb

for “the United Kingdom” substitute “Northern Ireland”;

g

in paragraph (9), for “the United Kingdom” substitute “Northern Ireland”;

h

in paragraph (10), for the words after “individual approval,” substitute—

the approval authority must issue one of the following certificates in compliance with regulation 20(1A) or (2)—

a

if the application relates to Great Britain, a GB individual approval certificate;

b

in the application relates to Northern Ireland—

i

a UK (NI) national individual approval certificate, or

ii

an EU individual approval certificate.

i

in paragraph (16)—

i

in the definition of “non-UK approval”, in sub-paragraphs (a) and (c)—

aa

before “Type Approval” insert “EU”;

bb

omit “other than the United Kingdom”;

ii

in the definition of “non-UK approval”, in sub-paragraph (b)—

aa

for “or the United” substitute “or any part of the United”;

bb

after “type approval” insert “or an individual vehicle approval certificate granted under Article 44 of the EU Type Approval Regulation”;

iii

in the definition of “non-UK approval”, in sub-paragraph (c), omit “44 or”;

iv

in the definition of “qualifying applicant”—

aa

renumber paragraphs (d) to (f) as paragraphs (a) to (c);

bb

for paragraph (c), as renumbered, substitute—

c

a person established—

i

in Great Britain, in the case of an application for a GB individual vehicle approval, or

ii

in Northern Ireland or a member State, in the case of an application for a UK (NI) national individual vehicle approval or an EU individual vehicle approval,

who is acting on behalf of the manufacturer or owner.

6

In regulation 19(7), in the closing words, for “individual approval” substitute “approval under regulation 18”.

7

In regulation 20—

a

in the heading, for “national type approval of small series” substitute “UK (NI) national small series type approval, GB small series type-approval”;

b

in paragraph (1)—

i

for “national” substitute “UK (NI) national”;

ii

after “certificate” insert “or a GB small series type-approval certificate”;

iii

for the words “to the Implementing Regulation”, substitute—

—

a

to the Implementing Regulation, in the case of a GB small series type-approval certificate, or

b

to the EU Implementing Regulation, in the case of a UK (NI) national small series type-approval certificate.

c

after paragraph (1), insert—

1A

An EU individual vehicle approval certificate must be in the form set out in Model D of Annex III to the EU Implementing Regulation.

d

in paragraph (2), for the words “to the Implementing Regulation”, substitute—

—

a

to the Implementing Regulation, in the case of a GB individual vehicle approval certificate, or

b

to the EU Implementing Regulation, in the case of a UK (NI) national individual vehicle approval certificate.

e

in paragraph (3)—

i

in the opening words—

aa

for “A national small series certificate of conformity” substitute “The certificate of conformity for a GB small series type-approval or a national small series type-approval granted by the Secretary of State before IP completion day”;

bb

for “EU certificate of conformity” substitute “GB certificate of conformity”;

ii

for sub-paragraph (a), substitute—

a

the certificate must carry the heading “Small Series Certificate of Conformity (Great Britain), or, in the case of a national small series type-approval granted by the Secretary of State before IP completion day, National Small Series Certificate of Conformity (United Kingdom)”;

iii

in sub-paragraph (b)—

aa

for “an EU type-approval” substitute “a GB type-approval”;

bb

for “national” substitute “GB”;

iv

in sub-paragraph (c)—

aa

for “EU type-approved” substitute “GB type-approved”;

bb

for “nationally” substitute “GB small series”;

f

after paragraph (3), insert—

3A

A UK (NI) national small series certificate of conformity must be in the same format as that prescribed by Articles 36 and 37 of the EU Type Approval Regulation and Article 8 of the EU Implementing Regulation for an EU certificate of conformity relating to a vehicle of the same category and class containing such particulars as are relevant to the vehicle in respect of which it is issued, save that—

a

the certificate must carry the heading “National Small Series Certificate of Conformity (Northern Ireland)”,

b

for each reference to an EU type-approval there must be substituted a reference to a national small series type-approval, and

c

for “EU type-approved”, in each place the expression occurs, there must be substituted “nationally type-approved”.

g

in paragraph (4)—

i

renumber the words from ““the Implementing Regulation” to the end as sub-paragraph (a);

ii

after sub-paragraph (a), as so renumbered, insert—

b

“the EU Implementing Regulation” means Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as it has effect in EU law and by virtue of the Northern Ireland Protocol.