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Regulation 13 Withdrawal of EC type approval

Original text. Later amendments are not shown.

(1)

The Secretary of State may withdraw an EC vehicle type approval granted by him by giving notice to the holder if–

(a)

two or more vehicles associated with that type approval have been examined on behalf of the Secretary of State, and

(b)

the Secretary of State is satisfied that there has been a failure to conform to the approved type in respect of each of those vehicles.

(2)

The Secretary of State may withdraw an EC component type approval granted by him by giving notice to the holder if–

(a)

two or more components or separate technical units associated with that type approval have been examined on behalf of the Secretary of State, and

(b)

the Secretary of State is satisfied that there has been a failure to conform to the approved type in respect of each of those components or separate technical units.

(3)

Before withdrawing an EC type approval under this regulation, the Secretary of State shall give the holder notice in writing–

(a)

stating that he is considering withdrawing the approval, and

(b)

giving particulars of the grounds on which he is considering withdrawing the approval.

(4)

Where the Secretary of State gives such a notice, the person to whom it is given may make representations to him with respect to the proposed withdrawal during a period of 28 days beginning with the day on which the notice is given.

(5)

The Secretary of State shall not decide to withdraw the approval until that period expires.

(6)

The Secretary of State shall take into account any representations made under paragraph (4) before deciding whether or not to withdraw the approval.

(7)

For the purposes of this regulation–

(a)

a vehicle is associated with an EC vehicle type approval if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval,

(b)

a component or separate technical unit is associated with an EC component type approval if–

(i)

it has been marked with an approval mark and the marking relates to that type approval, or

(ii)

an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval.