(1)The Secretary of State may by regulations make provision—
(a)for the making of an application to the Secretary of State for the issue in respect of an eligible vehicle of a reduced pollution certificate;
(b)for the manner in which any determination of whether to issue such a certificate on such an application is to be made;
[F2(ba)for the production of information and making of declarations for the purposes of a determination (including provision about the person to whom, and the time at which and manner in which, the information is to be produced and the declarations are to be made);]
(c)for the [F3Secretary of State to specify cases in which a determination is to be made only after an examination of an eligible vehicle] by such persons, and in such manner, as may be prescribed;
(d)for a fee to be paid [F4in respect of a determination];
(e)for a reduced pollution certificate to be issued in respect of an eligible vehicle if, and only if, it is found, [F5in accordance with the regulations,] that the reduced pollution requirements are satisfied with respect to it;
(f)for the form and content of such a certificate;
(g)for such a certificate to be valid for such period as the Secretary of State may determine;
(h)for the revocation, cancellation or surrender of such a certificate before the end of any such period;
(i)for the Secretary of State to be entitled to require the return to him of such a certificate that has been revoked;
(j)for the fact that such a certificate is, or is not, in force in respect of a vehicle to be treated as having conclusive effect for the purposes of this Act as to such matters as may be prescribed;
(k)for the Secretary of State to be entitled, in prescribed cases, to require the production of such a certificate before making a determination for the purposes of section 7(5); and
(l)for appeals against any determination not to issue such a certificate.
[F6(2)For the purposes of this Act, the reduced pollution requirements are satisfied with respect to a vehicle at any time if, at that time, prescribed requirements relating to the vehicle's emissions are satisfied as a result of—
(a)the design, construction or equipment of the vehicle as manufactured; or
(b)adaptations of a prescribed description having been made to the vehicle after a prescribed date.
(2A)Different requirements may be prescribed under subsection (2) for vehicles first registered at different times.]
(3)Without prejudice to the generality of subsection (1), for the purpose of enabling the Secretary of State to determine whether the reduced pollution requirements are satisfied at any time with respect to a vehicle in respect of which a reduced pollution certificate is in force, regulations under this section—
(a)may authorise such person as may be prescribed to require the vehicle to be re-examined [F7(or, if not previously examined, examined) in accordance with the regulations (“a post-certification examination”)];
(b)may provide for a fee to be paid for [F8a post-certification examination];
(c)may provide for the refund of such a fee if it is found, on [F9a post-certification examination], that the reduced pollution requirements are satisfied with respect to the vehicle.
(4)In this section “eligible vehicle” means—
(a)a bus, as defined in paragraph 3(2) of Schedule 1;
(b)a vehicle to which paragraph 6 of Schedule 1 applies;
(c)a haulage vehicle, as defined in paragraph 7(2) of Schedule 1, other than a showman’s vehicle; or
(d)a goods vehicle, other than one falling within paragraph 9(2) or 11(2) of Schedule 1.
(5)In this section “prescribed” means prescribed by regulations made by the Secretary of State.]
Textual Amendments
F1S. 61B inserted (31.7.1998) by 1998 c. 36, s. 16, Sch. 1 para. 2
F2S. 61B(1)(ba) inserted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(2)
F3Words in s. 61B(1)(c) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(3)
F4Words in s. 61B(1)(d) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(4)
F5Words in s. 61B(1)(e) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(5)
F6S. 61B(2)(2A) substituted (19.7.2006) for s. 61B(2) by Finance Act 2006 (c. 25), s. 14
F7Words in s. 61B(3)(a) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(6)(a)
F8Words in s. 61B(3)(b) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(6)(b)
F9Words in s. 61B(3)(c) substituted (21.7.2008) by Finance Act 2008 (c. 9), s. 148(6)(c)