The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022

Amendments to Part 1

12.—(1) After regulation 1, insert—

“Application

1A.   The following provisions of these Regulations do not apply in England and Wales or Scotland—

(a) in regulation 16, paragraphs (4) and (5);

(b) regulation 17;

(c) in regulation 18, paragraphs (8)(b) and (9).”

(2) In regulation 2(1)—

(a) after the definition of “enforcement authority”, insert—

““EU individual vehicle approval” means an individual vehicle approval granted in accordance with Article 44 of the EU Type Approval Regulation;

“EU small series type-approval” means an EU type-approval granted in accordance with Article 41 of the EU Type Approval Regulation;

“EU Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, as that Regulation applies in EU law and as it has effect by virtue of the Northern Ireland Protocol, as amended from time to time;

“EU whole-vehicle type-approval” means a whole vehicle type-approval granted in accordance with Article 22 of the EU Type Approval Regulation;

“GB individual vehicle approval” means an individual vehicle approval granted in accordance with Article 45 of the Type Approval Regulation;

“GB medium series type-approval” means a GB type-approval granted in accordance with Article 41 of the Type Approval Regulation;

“GB small series type-approval” means a GB type-approval granted in accordance with Article 42 of the Type Approval Regulation;

“GB whole-vehicle type-approval” means a whole-vehicle type-approval granted in accordance with Article 22 of the Type Approval Regulation;

“national individual vehicle approval” means national individual vehicle granted approval in accordance with Article 45 of the EU Type Approval Regulation;

“national small series type-approval” means national small series type-approval in accordance with Article 42 of the EU Type Approval Regulation;

“Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

“qualifying Northern Ireland goods” has the meaning given in section 47 of the United Kingdom Internal Market Act 2020(1);”;

(b) in the definition of “UNECE Regulation”, after paragraph (a), insert—

“(aa) In the case of a UK (NI) type-approval only, a UN Regulation of that number specified in Annex I to Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, as that Regulation has effect by virtue of the Northern Ireland Protocol(2);”;

(c) after the definition of “UNECE Regulation”, insert—

““UK (NI) national individual vehicle approval” means an individual vehicle approval granted by the Secretary of State in respect of Northern Ireland in accordance with Article 45 of the EU Type Approval Regulation;

“UK (NI) national small series type approval” means a national small series type approval granted by the Secretary of State in accordance with Article 42 of the EU Type Approval Regulation;

“UK (NI) type-approval” means an EU type-approval granted by the Secretary of State in respect of Northern Ireland in accordance with the EU Type Approval Regulation;

“UK (NI) whole-vehicle type-approval” means an EU whole vehicle type-approval granted by the Secretary of State in respect of Northern Ireland in accordance with Article 22 of the EU Type Approval Regulation;”;

(d) in paragraph (2), after “provided,” insert “subject to paragraph (3)”;

(e) after paragraph (2), insert—

“(3) Unless otherwise provided, any word or expression used in these Regulations in a provision relating to an obligation created or arising by or under the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018(3) applies, and which is defined in Article 3 of the EU Type Approval Regulation has the meaning given in that Article.”.

(1)

2020 c. 27.

(2)

OJ L 325, 16.12.2019, p. 1.

(3)

2018 c. 16, as amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1).