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5. For regulation 7, there shall be substituted—
“7.—(1) Subject to paragraphs (2) to (4), the fee prescribed for the purposes of regulation 9(2) of the Approval Regulations in respect of an appeal is the same amount as the fee payable under regulation 4(1).
(2) Subject to paragraphs (3) and (4), where regulation 5(8A) of the Approval Regulations applies, the fee prescribed for the purposes of regulation 9(2) of the Approval Regulations in respect of an appeal is the same amount as the fee payable under regulation 4(2).
(3) Subject to paragraph (4), where the time appointed for the re-examination of a vehicle for the purposes of such an appeal is, at the applicant’s request, out of hours—
(a)the fee prescribed by paragraph (1) or (2) shall be increased by the same amount as the amount payable under regulation 4(3); and
(b)such additional amount is payable before the re-examination is carried out.
(4) Where an appeal is refused by virtue of regulation 10 of the Approval Regulations, the fee prescribed for the purposes of regulation 9(2) of those Regulations shall be the same amount as the fee payable under regulation 4(1) or (2) and the balance, if any, of any sum previously paid in respect of that fee shall be repaid to the applicant.”.
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