PART I
1. In this Schedule—
“EEC type approval certificate” means a certificate issued by a Member State of the European Economic Community in accordance with Council Directive 70/220/EEC of 20th March 1970(1) as originally made or with any amendments which have from time to time been made before 10th July 2007;
“engine capacity” means, in the case of a reciprocating engine, the nominal swept volume and, in the case of a rotary engine, double the nominal swept volume;
“off-road vehicle” has the meaning given in column 4 in item 27 in Part I of Schedule 1;
“relevant authority” means—
in relation to an EEC type approval certificate issued by the United Kingdom, the Secretary of State or the Department; and
in relation to an EEC type approval certificate issued by another Member State of the European Economic Community, the authority having power under the law of that State to issue that certificate.
2. Items 25 and 26 of Part I of Schedule 1 shall have effect in relation to a vehicle as if the date specified for the purposes of regulation 7(1)(a), determined in accordance with the following provisions, appeared in column (5) of those items.
3. The date applicable to such vehicle shall be—
(a)where the vehicle is of a description specified in column (2) of the Table in Part II and the conditions specified in paragraph 4 are satisfied in relation to it, the date specified for a vehicle of that description in column (3) of the Table;
(b)where sub-paragraph (a) does not apply but a type approval certificate or a Department’s approval certificate is in force on 30th September 1989 in relation to the vehicle, 1st October 1990;
(c)in any other case, 1st October 1989.
4. The conditions referred to in paragraph 3 are—
(a)that the vehicle is a model in relation to which there is in force an EEC type approval certificate issued before 1st October 1989;
(b)that the manufacturer of the vehicle has supplied to the relevant authority which issued the EEC type approval certificate, a certificate stating that adapting vehicles of that model to the fuel requirements specified in the Annexes to Council Directive 70/220/EEC (as amended) would entail a change in material specification of the inlet or exhaust valve seats or a reduction in the compression ratio or an increase in the engine capacity to compensate for loss of power; and
(c)that the relevant authority has accepted the certificate referred to in sub-paragraph (b).
O.J. L76, 6.4.70, p. 1 (SE 1970(I) p. 171); amending instruments are listed in item 4L in Part I of Schedule 1