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3.—(1) In these Regulations—
“the 1998 Regulations” means the Motor Vehicles (EC Type Approval) Regulations 1998(1);
“dealer” means a retailer or other person who displays or offers for sale or lease new passenger cars to end users;
“EC certificate of conformity” means a EC certificate of conformity issued by a manufacturer under regulation 5 of the 1998 Regulations or under any provision of the law of a Member State other than the United Kingdom implementing Article 6 of the Framework Directive;
“EC type approval certificate” means a type approval certificate issued by the Secretary of State under regulation 4(5) of the 1998 Regulations or under any provision of the law of a Member State other than the United Kingdom implementing Article 4 of the Framework Directive;
“enforcement authority” means—
in England and Wales and Scotland, the Secretary of State or a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985(2); and
in Northern Ireland, the Department of Enterprise, Trade and Investment;
“the Framework Directive” means Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member states relating to the type-approval of motor vehicles and their trailers(3) as last amended by Council Directive 2000/40/EC of 10th August 2000(4);
“fuel economy guide” means the publication containing official fuel consumption and official specific emissions of CO2 figures, which is published by the Department for Transport, Local Government and the Regions for the purposes of Article 4 of Council Directive 1999/94/EC of 13th December 1999(5) and which meets the requirements specified in Schedule 1;
“fuel economy label” means a label which contains the official fuel consumption and official specific emissions of CO2 figures for a model of new passenger car and which meets the requirements specified in Schedule 2;
“make”, in relation to a passenger car, means the trade name of the manufacturer appearing on the EC certificate of conformity and the EC type approval certificate relating to that car;
“model”, in relation to a passenger car, means the commercial description of its make and type, and any variant or version covered by that description;
“new passenger car” means a passenger car which has not previously been sold to a person who bought it for a purpose other than that of selling or supplying it;
“official fuel consumption” means, in relation to a model of passenger car, the fuel consumption figures for that model measured in accordance with the provisions of Council Directive 80/1268/EEC of 16th December 1980(6) and contained in the relevant EC type approval certificate or EC certificate of conformity, except that where a model comprises more than one variant or version it means the highest such figures for any of those variants or versions;
“official specific emissions of CO2” means, in relation to a model of passenger car, the specific emissions of CO2 figures for that model measured in accordance with the provisions of Council Directive 80/1268/EEC and contained in the relevant EC type approval certificate or the EC certificate of conformity, except that where a model comprises more than one variant or version it means the highest such figures for any of those variants or versions;
“passenger car” means a motor vehicle to which these Regulations apply by virtue of regulation 4;
“point of sale” means a location where new passenger cars are displayed or offered for sale or lease and includes a car showroom or forecourt and a trade fair where new cars are presented to the public;
“promotional literature” means all printed matter used in the marketing, advertising and promotion of a new passenger car for sale or lease to the general public;
“supplier” means the manufacturer of a passenger car or any person authorised to act on that person’s behalf within the Community;
“type”, “variant” and “version” have the same meaning as in Annex II B of the Framework Directive.
S.I. 1998/2051; relevant amending instruments are S.I. 1999/778, 1999/2324, 2000/869 and S.I. 2000/2730.
1985 c. 72, as amended by paragraph 75 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19) and paragraph 144 of Schedule 13 to the Local Government etc. (Scotland) Act 1994.
O.J. No. L42, 23.2.1970, p.1.
O.J. No. L203, 10.8.2000, p.9.
O.J. No. L12, 18.1.2000, p.16.
O.J. No. L375, 31.12.1980, p.36; as amended by Commission Directive 1989/491/EEC O.J. No. L238, 15.08.1989, p.43, Commission Directive 1993/116/EC O.J. No. L329, 30.12.1993, p.39, and Commission Directive 1999/100/EC O.J. No. L334, 28.12.1999, p.36.
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