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5. After regulation 10, there shall be inserted the following—
10A.—(1) This regulation applies to an EC vehicle type approval if—
(a)it has been granted by the Secretary of State or under any provision of the law of a member State other than the United Kingdom giving effect to Article 4 of the Directive; and
(b)the Secretary of State is satisfied that it is going to cease to have effect as a consequence of one or more of the separate Directive approvals referred to in its information package being no longer valid.
(2) Subject to sub-paragraph (3), in such a case the Secretary of State may, at the request of the holder of the EC vehicle type approval to which this regulation applies, direct that every relevant EC certificate of conformity shall continue to have effect for the purposes of—
(a)Part II of the 1988 Act,
(b)Part IV of the 1981 Order(1), and
(c)this Part of these Regulations,
for the period of 12 months beginning with the date on which the EC type approval ceases to have effect in the case of complete vehicles and for the period of 18 months beginning with that date in the case of completed vehicles.
(3) Such a direction—
(a)may be given only at a time when the EC type approval has effect;
(b)shall cease to have effect if—
(i)the EC type approval is withdrawn under regulation 8(2), or
(ii)the EC type approval is withdrawn under any provision of the law of a member State other than the United Kingdom giving effect to Article 4 of the Directive, or
(iii)otherwise ceases to have effect for a reason other than that referred to in sub-paragraph (1)(b), and
(c)shall have effect subject to regulations 8(6) and 9.
(4) For the purposes of paragraph (2), an EC certificate of conformity is a relevant EC certificate of conformity in relation to an EC type approval (as from the time that the EC type approval ceases to have effect) if the vehicle to which it relates is an end of series vehicle.
(5) If, following a request by a holder of EC type approval, the Secretary of State refuses to exercise his powers under paragraph (2), he shall give notice of his decision to the holder.
(6) In this regulation, “end of series vehicle” has the meaning given by Schedule 1A.”
“The 1981 Order” is defined in regulation 2(1) of the Motor Vehicles (EC Type Approval) Regulations 1992 as meaning the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)). Article 31A was inserted by S.I. 1985/755 (N.I. 6).
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