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16.—(1) Where a person applies on or after 30th November 1999 for a licence or nil licence under the 1994 Act for a vehicle to which these Regulations apply, and no licence or nil licence has previously been granted under that Act for that vehicle, the Secretary of State shall not grant the licence or nil licence unless–
(a)it is shown that an EC certificate of conformity has effect with respect to the vehicle, or
(b)it is shown that a Minister’s approval certificate issued under section 58(1) or (4) of the 1988 Act has effect with respect to the vehicle, or
(c)it is shown that a Department’s approval certificate issued under Article 31A(4) or (5) of the 1981 Order has effect with respect to the vehicle, or
(d)the application is made before 17th June 2003 and the vehicle belongs to the same type as a vehicle used before 17th June 1999.
(2) Where, by virtue of this regulation, the Secretary of State refuses to grant a licence or nil licence for a vehicle, he shall give notice of his decision to the applicant.
(3) For the purposes of paragraph (1), a vehicle belongs to a particular type only if it would be treated for the purposes of the Framework Directive as belonging to that type.
(4) This regulation is subject to regulations 17 and 18.
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