Withdrawal of EC type approval9
1
The UK type-approval authority may withdraw an EC type-approval certificate granted by it in respect of a type of vehicle system, component or separate technical unit by giving notice to the holder if—
a
two or more vehicles, systems, components or separate technical units, as the case may be, have been examined by the UK type-approval authority or on its behalf, and
b
it is satisfied that that has been a failure to conform to the approved type in respect of at least two of the vehicles or systems or components or separate technical units.
2
Where a mark or number which identifies the EC type-approval certificate has not been affixed in accordance with regulation 6(3) the UK type-approval authority shall be satisfied that there has been a failure to conform to the approved type.
3
Before withdrawing an EC type-approval certificate under paragraph (1), the UK type-approval authority shall give the holder notice in writing—
a
stating that it is considering withdrawing the approval, and
b
giving particulars of the grounds on which it is considering withdrawing the approval.
4
Where notice is given under paragraph (2) the person to whom it is given may within 28 days of receipt of the notice make written representations to the UK type-approval authority.
5
The decision to withdraw shall not be made until the 28 day period for making representations has expired and the UK type-approval authority shall take into account any representations made under paragraph (3) before deciding whether or not to withdraw the approval.