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

Amendments to Chapter VII

29.—(1) In Article 39 (exemptions for new technologies or new concepts)—

(a) in paragraph 1, for “an EU” substitute “a GB”;

(b) in paragraph 2, for “EU-type” substitute “GB type” each time it occurs;

(c) omit paragraph 3;

(d) for paragraph 4, substitute—

“4.   If type-approval is granted under this Article, that circumstance must be reflected in the heading of—

(a) the type-approval certificate, and

(b) any certificate of conformity.

4A.   The Secretary of State may by regulations—

(a) amend Commission Implementing Regulation (EU) 2020/683, and

(b) make further provision regarding the template which is to be used for type-approval certificates and certificates of conformity for the purposes of this paragraph.”;

(e) omit paragraph 5;

(f) in paragraph 6—

(i) for “the implementing acts referred to in paragraph 3” substitute “the approval authority”;

(ii) for “authorisations are” substitute “the approval is”;

(iii) for “EU type” substitute “GB type”;

(g) omit paragraph 7.

(2) In Article 40 (subsequent adaptation of regulatory acts)—

(a) in paragraph 1—

(i) for the first subparagraph, substitute—

“1.   Where the approval authority has authorised the granting of a GB type-approval in accordance with Article 39, the Secretary of State must, where necessary, amend the regulatory acts or regulations concerned to make provision in relation to the latest technological developments.”;

(ii) in the second subparagraph, for “Commission shall” substitute “Secretary of State must”;

(b) in paragraph 2, for “in the implementing acts referred to in Article 39(3)” substitute “imposed on the type-approval under Article 39(6)”;

(c) omit paragraph 3.