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.