The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999

Commencement and citation

1.  These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 and shall come into force on 1st September 1999.

Revocation

2.  The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1997(1) are hereby revoked.

Interpretation

3.—(1) Any reference in these Regulations to a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.

(2) In these Regulations–

“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community instrument or ECE Regulation, an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or a vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;

“approval mark” means a marking designated by the Motor Vehicles (Designation of Approval Marks) Regulations 1979(2);

“approval requirements” means–

(a)

the requirements for examination and approval as regards the type approval requirements specified in–

(i)

a Community instrument;

(ii)

Schedule 1 to the Great Britain Regulations;

(iii)

Schedule 1 to the Great Britain Regulations for Goods Vehicles; or

(iv)

an ECE Regulation; or

(b)

the requirements for examination and marking authorisation relating to an approval mark;

“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or a vehicle part;

“Community instrument” means an instrument issued by a Community institution which is referred to in the second column of an item in Part I or II of Schedule 5 as read where relevant with amending instruments (if any) specified in the third column of that item;

“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958(3) as amended(4) to which the United Kingdom is a party(5), which is referred to in the second column of an item in Part III of Schedule 5 as read where relevant with amendments (if any) specified in the third column of that item;

“European Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998(6);

“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;

“Framework Directive” means Council Directive 70/156/EEC(7) as amended by Council Directives 87/403/EEC(8) and 92/53/EEC(9) and Commission Directives 93/81/EEC(10) and 98/14/EC(11);

“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984(12);

“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982(13);

“low volume type approval vehicle” has the same meaning as in the Great Britain Regulations;

“national type approval scheme” means the scheme for the type approval of vehicles or vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;

“sound level measurement certificate” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980(14); and

“type approval certificate”, “Minister’s approval certificate”, and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate, or authorisation as the case may be.

(3) A reference in these Regulations to a vehicle in category L1, L2, L3, L4 or L5 is a reference to a vehicle described respectively as L1, L2, L3, L4 or L5 in ECE Regulation 13 of 29th May 1969 with the amendments in force on 1st April 1987.

(4) A reference in these Regulations to a vehicle in category M1, M2, M3, N1, N2, or N3, is a reference to a vehicle described respectively as M1, M2, M3, N1, N2, or N3, in the Framework Directive.

Fees—examinations of vehicles or parts of vehicles

4.—(1) Subject to the subsequent provisions of these Regulations, the fee for–

(a) the carrying out or supervision by an officer of the Department of the Environment, Transport and the Regions of an examination of a vehicle or vehicle part; and

(b) any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4),

shall be determined by the amount of work involved charged at the hourly rate of £82.

(2) Where the Secretary of State hires any premises or equipment for the purpose of an examination to which paragraph (1) applies a further fee equal to the cost of such hiring shall be payable in addition to the fee payable under paragraph (1).

(3) Where, at the applicant’s request, an examination is carried out or supervised by a person appointed by the Secretary of State to act on his behalf, not being an officer of the Department of the Environment, Transport and the Regions, a fee shall be payable equal to that person’s charges; such charges to be calculated on a basis to be agreed in advance with the applicant.

(4) Where, in connection with an examination to which paragraph (3) applies, an officer of the Department of the Environment, Transport and the Regions undertakes any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4) a further fee shall be payable, in addition to any fee payable under paragraph (3), determined by the amount of work involved charged at the hourly rate specified in paragraph (1).

Fees—examination of a complete vehicle under the national type approval scheme

5.—(1) Subject to paragraph (5), the fee for the examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Part I of Schedule 1 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements, which–

(a) are referred to in Schedule 1 to those Regulations;

(b) relate to particular parts or aspects of a vehicle; and

(c) are applicable to the vehicle,

have been satisfied, is the amount specified in column 3 of Part I of Schedule 1.

(2) The fee for the examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements, which–

(a) are referred to in Schedule 1 to those Regulations;

(b) relate to particular parts or aspects of a vehicle; and

(c) are applicable to the vehicle,

have been satisfied, is the amount specified in paragraph (3).

(3) The amount referred to in paragraph (2) is the amount shown in–

(a) column 2(a) of Schedule 2 if the vehicle is in category L2, L5 or N1;

(b) column 2(b) of Schedule 2 if the vehicle is in category N2; or

(c) column 2(c) of Schedule 2 if the vehicle is in category N3.

(4) Where in the case of an examination of a complete vehicle mentioned in paragraph (1) or (2)–

(a) it has been found impossible to complete that examination satisfactorily;

(b) the vehicle has been found not to comply in all aspects with the relevant approval requirements;

(c) the vehicle is one which has been assembled in more than one stage by more than one manufacturer, and a type approval certificate has been issued to a manufacturer other than the applicant; or

(d) a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by the certificate,

and a further, but partial, examination of the vehicle is required before the documentation can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Part I of Schedule 1 or, as the case may be, Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.

(5) Where a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations, paragraph (1) shall have effect as if the references to Part I of Schedule 1 were references to Part II of that Schedule.

(6) If in circumstances where paragraph (5) applies–

(a) some or all of the procedures referred to in paragraph (1) have been carried out on behalf of the Secretary of State; and

(b) as a result, the work involved in carrying out the examination is less than otherwise would have been the case,

the fee for the examination shall be such proportion of the relevant sums specified in Part II of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination.

(7) This regulation is subject to regulations 19 and 20.

Fees—examination of a vehicle with a view to the issue of an EC vehicle type approval certificate

6.—(1) In this regulation, “EC vehicle type approval certificate” means a type approval certificate issued under regulation 4(5) of the European Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive).

(2) Expressions used in this regulation or in Part III of Schedule 1 which are also used in the Framework Directive have the same meaning as in that Directive and cognate expressions shall be construed accordingly.

(3) Subject to paragraphs (6) and (7), the fees for–

(a) the examination of a vehicle; and

(b) administrative work (other than the issue of the EC vehicle type approval certificate),

with a view to the issue of such a certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5).

(4) Where the application is for the issue of an EC vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in Part III of Schedule 1.

(5) Where–

(a) the application is for an EC vehicle type approval certificate in relation to an incomplete vehicle or a completed vehicle; and

(b) the examination is not as complete and exhaustive as would otherwise be required, the fees shall be such proportion of the relevant sums specified in Part III of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved.

(6) Where in the case of an examination of a vehicle with a view to the issue of an EC vehicle type approval certificate–

(a) it has been found impossible to complete the examination satisfactorily;

(b) the vehicle has been found not to comply in all aspects with the relevant approval requirements; or

(c) an EC vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate,

and a further, but partial, examination of the vehicle is required before the EC vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.

(7) Where, in relation to an application for an EC vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle.

(8) This regulation is subject to regulations 19 and 20.

Fees—inspection of data

7.—(1) Subject to regulations 18, 19 and 20, where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in any design specification an applicant requires a further certificate, but the alteration is not so extensive as to require a further examination of any vehicle or any vehicle part and compliance with the relevant approval requirements can be determined on an inspection of data supplied by the applicant, the fee for such an inspection, when carried out by an officer of the Department of the Environment, Transport and the Regions, shall be determined by the amount of work involved charged at the hourly rate specified in regulation 4(1).

(2) Where, at the applicant’s request, the inspection of data is carried out by a person appointed by the Secretary of State to act on his behalf, not being an officer of the Department of the Environment, Transport and the Regions, a fee shall be payable equal to that person’s charges; such charges to be calculated on a basis to be agreed in advance with the applicant.

(3) Where, in connection with an inspection to which paragraph (2) applies, an officer of the Department of the Environment, Transport and the Regions undertakes any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4) a further fee shall be payable, in addition to any fee payable under paragraph (2), determined by the amount of work involved charged at the hourly rate specified in regulation 4(1).

(4) Paragraph (1) applies to–

(a) a sound level measurement certificate;

(b) a type approval certificate, or an authorisation, in relation to–

(i) a Community instrument; or

(ii) an ECE Regulation; or

(c) a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.

(5) Where on an inspection of data supplied by the applicant it has been found impossible to complete the inspection satisfactorily, and a further examination of the vehicle or vehicle part is required, regulation 4 shall apply for the purpose of determining the fee.

Fees—avoidance of duplication

8.  Where the examination of a vehicle or vehicle part for the purposes of a Community instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.

Fees—issue of documents

9.—(1) The fee for the issue of a document of a type specified in column 1 of Schedule 3 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of that Schedule.

(2) The fee for the issue of a document of a type specified in column 1 of Part I of Schedule 4 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of that Part of that Schedule.

(3) The fee for the issue of a document of a type specified in column 1 of Part II of Schedule 4 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of that Part of that Schedule.

(4) The fee for the issue of a document of a type specified in column 1 of Part III of Schedule 4 (being a document relating to a vehicle to which the European Regulations apply) is the amount specified in relation thereto in column 3 of that Part of that Schedule.

(5) The fee for the issue of a sound level measurement certificate is £49.

(6) Where–

(a) a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations;

(b) some or all of the procedures referred to in regulation 5(1) have been carried out by or on behalf of the Secretary of State; and

(c) as a result, the administrative work involved in relation to the application is less than otherwise would have been the case,

the fee for the issue of the Minister’s approval certificate shall be such proportion of the relevant sum specified in Part I of Schedule 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the administrative work carried out in relation to the application.

(7) This regulation is subject to regulations 19 and 20.

Additional fees payable for the issue of documents under the national scheme

10.—(1) In this regulation–

“sub-MAC” means a Minister’s approval certificate issued by virtue of section 58(4); and

“MAC”, in relation to a sub-MAC, means the Minister’s approval certificate by virtue of which the sub-MAC was issued under section 58(4).

(2) In this regulation, in relation to a sub-MAC,–

“anniversary” means an anniversary of the date on which the MAC was issued and a reference to the first anniversary shall be construed accordingly;

“applicant” means the person who applied for the sub-MAC;

“relevant date” means–

(a)

if the sub-MAC was issued during the 12 month period beginning with the date the MAC was issued, that date; or

(b)

if it was issued after the expiration of that period, the anniversary next before the issue of the sub-MAC;

“relevant period” means a period of 12 months beginning on an anniversary;

“relevant sub-MAC” means any sub-MAC issued to the applicant by virtue of the MAC before the sub-MAC in question was issued; and

“relevant vehicle” means the vehicle in respect of which the MAC was issued.

(3) A fee of £11 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 9, where–

(a) the sub-MAC is issued in respect of a vehicle in category N2 or N3; and

(b) it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–

(i) the vehicle which was the subject of the last of the relevant sub-MACs to be issued, or

(ii) if no relevant sub-MAC has been issued, the relevant vehicle.

(4) A fee of £34 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 9, where–

(a) the sub-MAC is issued in respect of a vehicle in category N1 as a result of an application made on or after the first anniversary;

(b) no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and

(c) it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–

(i) the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph, or

(ii) if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.

(5) A fee of £34 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 9, where–

(a) the sub-MAC is issued as a result of an application made on or after the first anniversary on the basis of a vehicle being a low volume type approval vehicle;

(b) no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and

(c) it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–

(i) the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph or paragraph (6), or

(ii) if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.

(6) A fee of £34 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 9, where–

(a) the sub-MAC is issued as a result of an application made on the basis of a vehicle being a low volume type approval vehicle;

(b) 199 relevant sub-MACs, and no more, have been issued as a result of applications made on or after the relevant date; and

(c) it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from–

(i) the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under paragraph (5) or this paragraph, or

(ii) if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.

Fees—visits outside the United Kingdom

11.—(1) Subject to paragraph (2), where, in connection with an application for or the performance of, the carrying out, or supervision by the Secretary of State, of an examination of a vehicle or vehicle part, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more officers of the Department of the Environment, Transport and the Regions, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by the Secretary of State a further fee equal to the total of–

(a) the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and

(b) the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £55 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.

(2) The references to expenses in paragraph (1)(a) do not include any expenses relating to–

(a) travelling on land in the United Kingdom; or

(b) any flight which both begins and ends in the United Kingdom.

(3) Where, at the applicant’s request, the visit referred to in paragraph (1) is made, or is arranged to be made, by one or more persons appointed by the Secretary of State to act on his behalf, not being an officer or officers of the Department of the Environment, Transport and the Regions, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State, a fee equal to that person’s or, as the case may be, those persons', expenses and charges incurred or expected to be incurred in respect of travelling and subsistence and time spent travelling; such expenses and charges to be calculated on a basis to be agreed in advance with the applicant.

(4) If–

(a) payments have been made in accordance with paragraph (1) or (3) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and

(b) the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was expected,

the fee payable under those paragraphs shall be re-calculated by reference to the actual travelling and subsistence expenses incurred and the actual time spent travelling, and the difference shall be paid by, or as the case may be, refunded to, the applicant.

Payment of fees

12.—(1) The fee for–

(a) the carrying out or supervision, by or on behalf of the Secretary of State, of an examination of a vehicle or a vehicle part; and

(b) any associated administrative work (other than the issue of a sound level measurement certificate or any document of a type specified in Schedule 3 or 4),

shall be paid when the applicant is notified by the Secretary of State of the amount payable.

(2) Any fee payable in accordance with paragraph (1), other than a fee payable by virtue of regulation 5 or 6, shall, subject to paragraphs (3) and (4), be calculated by reference to the Secretary of State’s estimate of the duration of the work likely to be required.

(3) If during the course of the work the Secretary of State estimates that the duration of the work likely to be required is greater than that estimated under paragraph (2), the fee shall be recalculated by reference to that greater estimate, and the excess, if any, over the fee originally payable shall be paid by the applicant.

(4) If the duration of the work actually required is greater or less than its estimated or re-estimated duration, the fee shall be recalculated by reference to the actual duration and the difference shall be paid by, or, as the case may be, refunded to, the applicant.

(5) The fee for the issue of a document specified in Schedule 3 or 4 shall be paid–

(a) in the case where the examination of the vehicle or vehicle part is required before the document is issued, when the applicant is notified of the result of the examination; and

(b) in any other case, when the application is made for the issue of the document.

(6) The fee for the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the certificate.

Fees on withdrawals and cancellations

13.—(1) Subject to regulations 14, 19 and 20, if an applicant–

(a) after he has been notified of the time and place for the examination withdraws his application; or

(b) does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,

he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.

(2) In the case of an examination of a vehicle or vehicle part for which a fee is payable by virtue of regulation 4(1)–

(a) if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £112;

(b) if the Secretary of State is not so notified, the cancellation fee shall be £246 plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination.

(3) In the case of an examination of a vehicle or vehicle part for which a fee is payable by virtue of regulation 4(3) the cancellation fee shall be calculated on a basis to be agreed in advance with the applicant.

(4) In the case of an examination of a vehicle to which a fee specified in Schedule 1 or 2 applies–

(a) if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle for the examination, the cancellation fee shall be £109;

(b) if the Secretary of State is not so notified, the cancellation fee shall be £321.

(5) Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided–

(a) in a case where the applicant has made a payment in respect of the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the sum which has been paid; or

(b) in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.

(6) An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 11, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).

Submission of alternative vehicle or vehicle part for examination

14.  Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application, he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 13(1), but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.

Fees to be paid in relation to notifiable alterations

15.  The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply shall be determined by the amount of work involved charged at the hourly rate specified in regulation 4(1), but if the vehicle is in category N1–

(a) that sum shall not become due until the next anniversary of the date that the type approval certificate was issued, and

(b) if there is more than one such notification during any period of 12 months ending immediately before such an anniversary, the fee shall only be payable in respect of the first notification.

Approval of facilities

16.—(1) Subject to regulations 18, 19 and 20, the fee prescribed for examining premises with a view to their being approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme or for the purposes of a Community instrument or ECE Regulation shall be determined by the amount of work involved charged at the hourly rate specified in regulation 4(1).

(2) Regulation 11 shall apply to an application for such an approval as it applies to an application for an examination of a vehicle as mentioned in that regulation.

Advice on procedures for securing conformity of production

17.—(1) Subject to regulations 18, 19 and 20, the fee prescribed for advice given to a manufacturer by an officer of the Department of the Environment, Transport and the Regions on whether his arrangements or proposed arrangements for securing conformity of production of vehicles are likely to be accepted by the Secretary of State for the purposes of the national type approval scheme or for the purposes of any Community instrument or ECE Regulation shall be determined by the amount of work involved charged at the hourly rate specified in regulation 4(1).

(2) Where, at the applicant’s request, such advice is given by a person appointed by the Secretary of State to act on his behalf, not being an officer of the Department of the Environment, Transport and the Regions, a fee shall be payable equal to that person’s charges; such charges to be calculated on a basis to be agreed in advance with the applicant.

Out of hours working

18.—(1) Subject to regulations 19 and 20, where, in relation to–

(a) an examination carried out or proposed to be carried out,

(b) an inspection of data carried out or proposed to be carried out,

(c) the examining of premises, or

(d) advice given to a manufacturer,

work is carried out, at the applicant’s request, out of hours, any sum which would otherwise be payable in respect of that work by virtue of regulation 4(1), 7(1), 16(1) or 17(1), shall be increased by 31 per cent.

(2) In this regulation “out of hours” means, subject to paragraph (3), at any time–

(a) on any day which is a Saturday, Sunday, Good Friday, Christmas Day or a Bank holiday (as defined in the Banking and Financial Dealings Act 1971(15)); or

(b) on any other day, other than between 8.00 am and 6.00 pm.

(3) In relation to work carried out in any of the countries referred to in regulation 19 or 20, the expression “out of hours” shall be construed as if the reference to Good Friday, Christmas Day or a Bank holiday were omitted.

Fees—work carried out in the United States of America, Canada or Mexico

19.  In relation to–

(a) an examination carried out or proposed to be carried out,

(b) an inspection of data carried out or proposed to be carried out,

(c) the issue of a document,

(d) the examining of premises, or

(e) advice given to a manufacturer, in the United States of America, Canada or Mexico by a person resident in the United States of America and acting for or on behalf of the Secretary of State, any sum which would otherwise be payable by virtue of regulation 4(1), 5, 6, 7(1), 9, 13, 16(1), 17(1) or 18 shall be increased by 43.5 per cent.

Fees—work carried out in Japan, China, South Korea, Malaysia or Taiwan

20.  In relation to–

(a) an examination carried out or proposed to be carried out,

(b) an inspection of data carried out or proposed to be carried out,

(c) the issue of a document,

(d) the examining of premises, or

(e) advice given to a manufacturer,

in Japan, China, South Korea, Malaysia or Taiwan by a person resident in Japan and acting for or on behalf of the Secretary of State, any sum which would otherwise be payable by virtue of regulation 4(1), 5, 6, 7(1), 9, 13, 16(1), 17(1) or 18 shall be increased by 59 per cent.

Signed by authority of the Secretary of State

Larry Whitty

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

19th July 1999

We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.

Bob Ainsworth

Jim Dowd

Two of the Lords Commissioners of Her Majesty’s Treasury

26th July 1999