Withdrawal or suspension of EC type approval
9.—(1) In this regulation a reference to a failure to conform to an EC type approval shall be construed in accordance with Article 11(1) of the Framework Directive.
(2) If the Secretary of State, after an examination has been carried out on his behalf of two or more—
(a)light passenger vehicles associated with a single EC vehicle type approval granted by him, or
(b)components or separate technical units, being components or separate technical units associated with a single EC component or separate technical unit type approval granted by him,
is satisfied that there has been a failure to conform to the approved type for each of those vehicles or, as the case may be, each of those vehicle components or separate technical units, he may by notice given to the holder withdraw the EC type approval.
(3) If, as a result of carrying out the obligations of the United Kingdom under Article 10(2) of the Framework Directive (with the co-operation of other Member States or otherwise) for an EC type approval issued by him, the Secretary of State is satisfied that—
(a)the holder’s arrangements for ensuring that production vehicles, systems, components or separate technical units (as the case may be) conform to the approved type no longer continue to be adequate, or
(b)without prejudice to sub-paragraph (a), the holder has failed to comply with the requirements imposed by or under regulation 5, 6, 7 or 8,
the Secretary of State may by notice given to the holder suspend the EC type approval.
(4) Before withdrawing or suspending an EC type approval under this regulation, the Secretary of State shall give the holder notice stating that he is considering withdrawing the approval.
(5) Where the Secretary of State gives notice to the holder under paragraph (4)—
(a)the holder may, within the period of 28 days beginning with the day on which notice is given, make representations with respect to the proposed withdrawal or suspension,
(b)the Secretary of State shall not decide to withdraw or suspend the approval until the expiration of that period, and
(c)before deciding whether or not withdraw or suspend the approval, the Secretary of State shall take into account any such representations made by the holder during that period.
(6) If the holder of an EC type approval which has been suspended under this regulation purports to issue a certificate of conformity by virtue of that approval, the certificate shall be invalid, but a suspension shall not affect the validity of any certificate of conformity issued before the approval was suspended.
(7) A suspension under this regulation shall remain in force until it is revoked by the Secretary of State.
(8) The Secretary of State may, by notice under paragraph (4) or by subsequent notice given to the holder, exempt from paragraph (6) EC certificates of conformity or classes of EC certificates of conformity specified in the notice.
(9) If, following a request by the holder, the Secretary of State refuses to exercise his powers under paragraph (7) or (8) for an EC type approval which has been suspended under this regulation, he shall give notice of his decision to the holder.
(10) For the purposes of this regulation—
(a)a vehicle is associated with an EC vehicle type approval if an EC certificate of conformity has been issued in respect of it and the certificate relates to that type approval, and
(b)a component or separate technical unit is associated with an EC component or separate technical unit type approval if it has been marked with an approval mark and the marking relates to that type approval.