Repetition of tests
9.—(1) (a) In any case where an EEC fuel consumption document or an ECE fuel consumption document has not been issued for a class of car, the Secretary of State may require the tests referred to in Article 6(1) to be repeated by, or under arrangements made by, the applicant in respect of any class of car manufactured or imported by him at a place and within a period determined by the Secretary of State in any case where the Secretary of State has reasonable cause to believe that the results of the repeated tests would differ significantly from the results recorded in the official fuel economy certificate.
(b)Where tests are required to be repeated under paragraph (1) by, or under arrangements made by, the applicant, he shall—
(i)ensure that these tests are carried out at a place and within the period determined by the Secretary of State in circumstances where officers of the Secretary of State's Department are afforded all such facilities as they may reasonably require to satisfy themselves that the tests are, or have been, properly carried out; and
(ii)furnish to the Secretary of State particulars of the tests in the form set out in Part II of Schedule 2 within one month from the date of the carrying out of the tests.
(2) Where no request has been made by the Secretary of State under paragraph (1) but:
(a)the tests referred to in Article 6 have been repeated by, or under arrangements made by, the applicant in respect of any class of car manufactured or imported by him; and
(b)in the case of a class of car for which an EEC fuel consumption document or an ECE fuel consumption document has been issued following the repeated tests, application is made in the manner specified in Article 7(1)(a); and
(c)in any other case, the conditions specified in Article 7(2) are satisfied,
the Secretary of State shall record the repeated test results by amending the official fuel economy certificate for the class of car for which the repeated tests were carried out.
(3) If the Secretary of State records any repeated test results by amending the official fuel economy certificate for the class of car for which the repeated tests were carried out, the repeated tests shall thereafter be regarded as the officially approved tests for that class of car.
(4) Where the Secretary of State has recorded any repeated test results by amending an official fuel economy certificate, he shall furnish a copy of the amended certificate to the applicant and cause the results to be published from time to time with other test results he has recorded in official fuel economy certificates.