
1 
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 1997 and shall come into force on 16th July 1997.
2 
The Motor Vehicles (EC Type Approval) Regulations 1992 shall be further amended in accordance with the following provisions of these Regulations.
3 
In regulation 2(1), after the definition of “the 1980 Regulations” there shall be inserted the following—“
 “the 1984 Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984;”.
4 
In regulation 10, paragraph (3) shall be amended as follows—
(a) the word “or” immediately after sub-paragraph (a) shall be omitted;
(b) after sub-paragraph (b) there shall be inserted the following sub-paragraphs—“
(c) a Minister’s approval certificate which has been issued under section 58(4) of the 1988 Act has effect with respect to the vehicle and is—
(i) in a form prescribed by regulation 9(4) of the 1984 Regulations, or
(ii) endorsed in accordance with regulation 9(6) of the 1984 Regulations;
(d) the vehicle falls within regulation 3(2)(g) of the 1984 Regulations; or
(e) sections 63, 65 and 65A of the 1988 Act have become applicable to the vehicle after a period of use on roads during which, by virtue of section 183(2) of the 1988 Act (which relates to vehicles in the service of the Crown), those sections did not apply to it.”
5 
After regulation 10, there shall be inserted the following—“
10A 

(1) This regulation applies to an EC vehicle type approval if—
(a) it has been granted by the Secretary of State or under any provision of the law of a member State other than the United Kingdom giving effect to Article 4 of the Directive; and
(b) the Secretary of State is satisfied that it is going to cease to have effect as a consequence of one or more of the separate Directive approvals referred to in its information package being no longer valid.
(2) Subject to sub-paragraph (3), in such a case the Secretary of State may, at the request of the holder of the EC vehicle type approval to which this regulation applies, direct that every relevant EC certificate of conformity shall continue to have effect for the purposes of—
(a) Part II of the 1988 Act,
(b) Part IV of the 1981 Order, and
(c) this Part of these Regulations,
for the period of 12 months beginning with the date on which the EC type approval ceases to have effect in the case of complete vehicles and for the period of 18 months beginning with that date in the case of completed vehicles.
(3) Such a direction—
(a) may be given only at a time when the EC type approval has effect;
(b) shall cease to have effect if—
(i) the EC type approval is withdrawn under regulation 8(2), or
(ii) the EC type approval is withdrawn under any provision of the law of a member State other than the United Kingdom giving effect to Article 4 of the Directive, or
(iii) otherwise ceases to have effect for a reason other than that referred to in sub-paragraph (1)(b), and
(c) shall have effect subject to regulations 8(6) and 9.
(4) For the purposes of paragraph (2), an EC certificate of conformity is a relevant EC certificate of conformity in relation to an EC type approval (as from the time that the EC type approval ceases to have effect) if the vehicle to which it relates is an end of series vehicle.
(5) If, following a request by a holder of EC type approval, the Secretary of State refuses to exercise his powers under paragraph (2), he shall give notice of his decision to the holder.
(6) In this regulation, “end of series vehicle” has the meaning given by Schedule 1A.”
6 
In regulation 12, the word “or” immediately after sub-paragraph (c) shall be omitted and after “or (11)” in sub-paragraph (d) there shall be inserted—“, or
(e) regulation 10A(5)”.
7 
After Schedule 1, there shall be inserted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State
Helene Hayman
Parliamentary Under Secretary of State,
Department of Transport
11th June 1997
THE SCHEDULE
Regulation 7.
“
SCHEDULE 1A
Regulation 10A
1 

(1) For the purposes of regulation 10A, a vehicle is an “end of series vehicle”, in relation to an EC type approval to which regulation 10A applies, if—
(a) an EC certificate of conformity has been issued in respect of the vehicle under that EC type approval (whether before or after the giving of the direction);
(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 ceases to have effect, and
(e) it is a vehicle forming part of the allocation of vehicles to a relevant person under sub-paragraphs (2) to (7).
(2) The Secretary of State shall make an allocation in accordance with sub-paragraphs (3) to (7) to each relevant person who makes a request to him under regulation 10A not later than one month before the relevant EC type approval ceases to have effect.
(3) Subject to sub-paragraphs (4) to (7), there shall be allocated to each relevant person in respect of each vehicle model manufactured by him 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) 10 per cent of the total number of relevant vehicles of that model,
whichever is the less.
(4) Subject to sub-paragraphs (6) and (7), where 10 per cent of the total number of relevant vehicles exceeds the number of vehicles allocated in accordance with sub-paragraph (3), to all relevant persons, there shall be allocated to each relevant person to whom fewer than 50 vehicles have been allocated under sub-paragraph (3), instead of the allocation under that sub-paragraph—
(a) the number of relevant vehicles in respect of which the request was made, or
(b) the excess number of vehicles divided between such relevant persons so that there is allocated to each that proportion which the number of vehicles in respect of which he made the request bears to the total number of vehicles in respect of which requests have been made by all such relevant persons, or
(c) 50 vehicles,
whichever is the less.
(5) Subject to sub-paragraphs (6) and (7), where 10 per cent of the total number of relevant vehicles is greater than the number of vehicles allocated in accordance with sub-paragraphs (3) and (4), the excess shall be divided between the relevant persons so that there is allocated to each in addition to the allocations under those sub-paragraphs that proportion which the number of vehicles in respect of which he made his request bears to the total number of vehicles in respect of which requests have been made by all relevant persons.
(6) Where the number of vehicles allocated to a relevant person in accordance with sub-paragraphs (3) to (5) is less than the number of vehicles in respect of which he made a request, the vehicles allocated to him shall be determined in accordance with the order of manufacture, taking the earliest first.
(7) In allocating vehicles in accordance with sub-paragraphs (3) to (5) no regard shall be had to numbers less than one.
2 

(1) In this Schedule—
(a) “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
(b) “EEA State” means a State which is a contracting Party to the EEA Agreement;
(c) a “relevant person” means a person who has made a request to the Secretary of State under regulation 10A;
(d) “a relevant vehicle” means a vehicle—
(i) in respect of which an EC certificate of conformity has been issued under the relevant EC type approval, and
(ii) which was registered under the 1994 Act during the 12 month period ending immediately before the date on which the relevant EC type approval ceased to have effect;
(e) “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 10A, and
(f) “the 1994 Act” means the Vehicle Excise and Registration Act 1994.
(2) For the purposes of this Schedule, a vehicle shall be regarded as “manufactured” when its final assembly is completed.”