[F1Meaning of “specified number” for the purposes of this PartE+W+S
9.—(1) For the purposes of paragraph 7(2)(e), in relation to a particular vehicle (in this paragraph referred to as “the vehicle in question”) and a particular item [F2or provision], “the specified number” is [F330%] of the total number of vehicles that—
(a)are vehicles to which neither the Type Approval (Great Britain) Regulations nor the Type Approval for Goods Vehicles Regulations [F4nor the EC Whole Vehicle Type Approval Regulations] apply; and
(b)meet the requirements of sub-paragraph (2).
(2) A vehicle meets the requirements of this paragraph if it—
[F5(a)is a “vehicle” within the meaning of Community Directive 70/220 (as amended by Community Directive 83/351) or Community Directive 2005/55 (as amended by Community Directives 2005/78 and 2006/51);]
(b)was manufactured by the manufacturer of the vehicle in question; and
(c)was registered under the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 during the one year period ending immediately before the date specified in column 3 of that item [F6or, in relation to [F7any provision of any Community Directive specified in] item 1 or 2 of the Table in regulation 61A, before the date as is specified (as defined in regulation 61A) by the relevant Community Directive].]
Textual Amendments
F1Sch. 7XA inserted (1.10.1996) by The Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1996 (S.I. 1996/2329), regs. 1, 11, Sch.
F2Words in Sch. 7XA para. 9(1) inserted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(11)
F3Figure in Sch. 7XA para. 9(1) replaced (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(11)
F4Words in Sch. 7XA para. 9(1)(a) inserted (20.10.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(12)
F5Sch. 7XA para. 9(2)(a) substituted (9.11.2006) by The Road Vehicles (Construction and Use) and Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2565), regs. 1(2), 6(13)
F6Words in Sch. 7XA para. 9(2)(c) inserted (1.1.2001) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2000 (S.I. 2000/3197), regs. 1, 8(8)