PART 5Amendment of subordinate legislation
Amendment of the Road Vehicles (Approval) Regulations 2009F16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018I17
1
The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018 M1 are amended as follows.
F32
After regulation 10 (withdrawal and suspension of approvals: effect), insert—
Products approved in member States or in Northern Ireland10A
1
Paragraphs (2) to (4) apply notwithstanding anything in these Regulations or the NRMM Regulation.
2
A manufacturer or an importer may place a qualifying relevant product on the market in Great Britain.
3
A distributor may make a qualifying relevant product available on the market in Great Britain.
4
In this regulation—
“qualifying relevant product” means a relevant product in respect of which the manufacturer of the product holds a relevant EU approval or a relevant NI approval;
“relevant EU approval” means a valid EU-type approval issued—
- a
before IP completion day (other than in the United Kingdom) in accordance with the NRMM Regulation, or
- b
on or after IP completion day in a member State in accordance with the NRMM Regulation as it has effect in EU law,
and includes any such approval which is revised or extended;
“relevant NI approval” means a valid EU-type approval issued on or after IP completion day in Northern Ireland in accordance with the NRMM Regulation as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement and includes any such approval which is revised or extended.
F2Amendment of the Road Vehicles Approval Regulations 2020I27A
1
The Road Vehicle Approval Regulations 2020 are amended as follows.
2
After regulation 1, insert—
Application1A
The following provisions of these Regulations do not apply in England and Wales or Scotland—
a
in regulation 16, paragraphs (4) and (5);
b
in regulation 17, paragraphs (4) to (6);
c
in regulation 18, paragraphs (8)(b) and (9).
3
In regulation 8(1), for sub-paragraph (b) (but not the “and” at the end of that sub-paragraph) substitute—
b
the remedies available to the party concerned—
i
where the application is made in respect of Great Britain, under the laws in force in Great Britain;
ii
where the application is made in respect of Northern Ireland, under the laws in force in Northern Ireland,
4
In regulation 14(1)(a), for “the United Kingdom” substitute “Great Britain or, as the case may be, Northern Ireland”.
5
In regulation 16, in paragraphs (4) and (5), omit “other than the United Kingdom”.
6
In regulation 17—
a
in the heading, omit “other”;
b
in paragraph (1), omit “other than the United Kingdom”;
c
in paragraphs (4) and (6), for “the United Kingdom”, in each place it occurs, substitute “Northern Ireland”.
7
In regulation 18—
a
in paragraph (4)(a), omit “other than the United Kingdom”;
b
in paragraphs (8)(b) and (9) for “the United Kingdom” substitute “Northern Ireland”;
c
in paragraph (16), in the definition of “non-UK approval”—
i
in paragraphs (a) and (c), omit “other than the United Kingdom”;
ii
in paragraph (b), for “or the United” substitute “or any part of the United”.
8
In regulation 20, in paragraph (3), for sub-paragraph (a) substitute—
a
the certificate must carry the heading “National Small Series Certificate of Conformity (Great Britain)” or, as the case may be, “National Small Series Certificate of Conformity (Northern Ireland)”,
9
In regulation 21—
a
in paragraph (5), in sub-paragraph (a), omit “other than the United Kingdom”;
b
in paragraph (9), in the definition of “EU certificate of conformity”, in sub-paragraph (c), the words before paragraph (i), omit “other than the United Kingdom”.
10
In Schedule 1, in paragraph 1—
a
in the definition of “approval”, in paragraph (a), for “other” substitute “a”;
b
in the definition of “certificate of conformity” for “other” substitute “a”.