Officially approved tests6

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1

The fuel consumption of every class of car to which this Order applies shall be determined by means of tests carried out under the EEC test procedure, the new EEC test procedure or the ECE test procedure on a car of each class by, or under arrangements made by, the manufacturer or, in the case of an imported car, the importer of that car—

a

in or outside the United Kingdom by the competent authority of an EEA State in the case of the EEC test procedure or the new EEC test procedure or by the competent authority of a State which is a party to the Geneva Agreement in the case of the ECE test procedure; or

b

in the United Kingdom in accordance with the conditions referred to in paragraph (2).

2

The conditions are that—

a

the tests are carried out in circumstances where officers of the Department of Transport are offered all facilities reasonably required by them to satisfy themselves that the tests are properly carried out;

b

the tests are carried out at a site approved for the purpose by the Secretary of State;

c

particulars of the tests are submitted to the Secretary of State in the form set out in Part III of Schedule 2;

d

the Secretary of State has no reasonable grounds for believing that the tests have not been properly carried out; and

e

any fees payable in accordance with Article 11 are paid to the Secretary of State.

3

A test carried out as mentioned in paragraph (1) shall be regarded as an officially approved test.