Regulation 25A Charges for apparatus, etc. connected with the electronic recordF1
Subject to paragraphs (2) to (5), an authorised examiner or designated council shall pay to the Secretary of State or to such other person as, by notice to the examiner or council, he may direct, in respect of the provision by him, or on his behalf, of any apparatus or service specified in column (1) of the Table in Schedule 3 to these Regulations, the amount specified in relation to that apparatus or service in column (2) of that Table.
Item 1 shall be provided free of charge unless—
the visit is the second (or subsequent) to the vehicle testing station for the purpose of installing apparatus and is attributable to a failure on the part of the authorised examiner or, as the case may be, the designated council, to comply with requirements notified by or on behalf of the Secretary of State in advance of the date appointed for the first (or previous) visit; or
the visit is attributable to the cancellation, by the authorised examiner or, as the case may be, the designated council, of an arrangement to install apparatus at an earlier date.
The Secretary of State may waive any charge payable in respect of item 1 or item 2.
Item 2A shall be provided free of charge unless—
the visit is necessary as a result of a failure on the part of the authorised examiner or, as the case may be, the designated council, to provide adequate access to the apparatus during the first (or previous visit); or
the visit is attributable to the cancellation, by the authorised examiner or, as the case may be, the designated council, of an arrangement to assess, repair or replace apparatus at an earlier date.
The Secretary of State may waive any charge payable in respect of item 2A.
Items 6 to 15 shall be provided free of charge where the apparatus to be replaced is unserviceable by reason of fair wear and tear F3or a defect at the time of supply.
Item 16 shall be provided free of charge except where the apparatus to be replaced—
is unserviceable for reasons other than fair wear and tear F4or a defect at the time of supply; and
is the third (or subsequent) item of that description to have become unserviceable in the preceding five years for reasons other than fair wear and tear F5or a defect at the time of supply.
Where, as respects apparatus of a description specified in column (1) of the Table in Schedule 3 to these Regulations—
a person fails to comply with regulation 11(1) or a requirement imposed under regulation 24A(1); or
the apparatus delivered or, as the case may be, made available for collection, in compliance with that provision or requirement, is in an unserviceable condition by reason other than fair wear and tear; or
the person to whom it was supplied is unable to return it to the Secretary of State,
the Secretary of State may, by notice to the person concerned, require the payment to him of such amount, not exceeding that specified in relation to the apparatus in column (2) of that Table, as may be specified in the notice.
In this regulation, references to a numbered item are references to the apparatus or service bearing that number in column (1) of the Table in Schedule 3 to these Regulations.
Annotations
Textual amendments
- F1
Regs. 25-25B substituted for reg. 25 (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 21 (with regs. 1(3), 24(1)(b))
- F2
Reg. 25A(3A)(3B) inserted (1.8.2003) by The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 2003 (S.I. 2003/1698), regs. 1, 8(2)
- F3
Words in reg. 25A(4) inserted (1.8.2003) by The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 2003 (S.I. 2003/1698), regs. 1, 8(3)
- F4
Words in reg. 25A(5)(a) inserted (1.8.2003) by The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 2003 (S.I. 2003/1698), regs. 1, 8(4)(a)
- F5
Words in reg. 25A(5)(b) inserted (1.8.2003) by The Motor Vehicles (Tests) (Amendment) (No.2) Regulations 2003 (S.I. 2003/1698), regs. 1, 8(4)(b)