CHAPTER 2Secondary legislation
Amendment of the Motor Vehicles (International Circulation) Order 1975
5.—(1) The Motor Vehicles (International Circulation) Order 1975() is amended as follows.
(2) In Article 5(2)(c)(ii), for “Annex II to Directive 2007/46/EC” to “for such vehicles”, substitute “Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Motor Vehicles (Type Approval) Regulations 1980
6.—(1) The Motor Vehicles (Type Approval) Regulations 1980() are amended as follows.
(2) In regulation 3(1), in the definition of “component”, for “described in Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007”, substitute “defined in Article 3(20) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Road Traffic (Northern Ireland) Order 1981
7.—(1) The Road Traffic (Northern Ireland) Order 1981() is amended as follows.
(2) In Article 31A(7) (interpretation of Articles 31A to 31E)—
(a)in the definition of “EC certificate of conformity”—
(i)in paragraph (a)—
(aa)in sub-paragraph (iii), omit the second “or”;
(bb)in sub-paragraph (iv), at the end, insert—
“, or
(v)Article 36 or 37 of the road vehicles type approval Regulation”;
(ii)in paragraph (d)—
(aa)in sub-paragraph (i), omit “or”;
(bb)in sub-paragraph (ii), at the end, insert—
“, or
(iii)Article 36 or 37 of the road vehicles type approval Regulation”;
(b)after the definition of “the road vehicles type approval Directive”, insert—
““the road vehicles type approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.
Amendment of the Motor Vehicles (Tests) Regulations 1981
8.—(1) The Motor Vehicles (Tests) Regulations 1981() are amended as follows.
(2) In regulation 5(6)(b), for “Annex 2 to Directive 2007/46/EC” to “for such vehicles”, substitute “Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
(3) In regulation 6(5), in the definition of “vehicle of historic interest”, for “meaning given in paragraph 1 of Schedule 3 to the Road Vehicles (Approval) Regulations 2009”, substitute “same meaning as “type of vehicle” in Article 3(32) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Road Vehicles Lighting Regulations 1989
9.—(1) The Road Vehicles Lighting Regulations 1989() are amended as follows.
(2) In Schedule 1, in the entries in the table relating to “headlamp cleaning device” and “reversing lamp”, in the third column of each entry, for “2009”, substitute “2020, or by Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,”.
Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995
10.—(1) The Goods Vehicles (Licensing of Operators) Regulations 1995() are amended as follows.
(2) In Schedule 3, in paragraph 23A(1)(b), for “Annex II to Directive 2007/46/EC” to “for such vehicles”, substitute “Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Road Vehicles (Authorised Weight) Regulations 1998
11.—(1) The Road Vehicles (Authorised Weight) Regulations 1998() are amended as follows.
(2) In regulation 2(1)—
(a)in the definition of “alternatively fuelled vehicle”, for “Framework Directive”, substitute “Type Approval Regulation or Road Vehicles (Approval) Regulations 2020”;
(b)omit the definition of “Framework Directive”;
(c)insert at the appropriate place in the alphabetical order—
““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.
(3) In regulation 3, for “Annex II of the Framework Directive”, substitute “Article 4 of the Type Approval Regulation”.
(4) In regulation 4(3)(a), for “Framework Directive”, substitute “Type Approval Regulation or Road Vehicles (Approval) Regulations 2020”.
Amendment of the Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999
12.—(1) The Motor Vehicles (Authorised Weight) Regulations (Northern Ireland) 1999() are amended as follows.
(2) In regulation 2(1)—
(a)in the definition of “alternatively fuelled vehicle”, for “Framework Directive”, substitute “Type Approval Regulation or Road Vehicles (Approval) Regulations 2020”;
(b)omit the definition of “Framework Directive”;
(c)insert at the appropriate place in the alphabetical order—
““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.
(3) In regulation 3, for “Annex II to the Framework Directive”, substitute “Article 4 of the Type Approval Regulation”.
(4) In regulation 4(3)(a), for “Framework Directive”, substitute “Type Approval Regulation or Road Vehicles (Approval) Regulations 2020”.
Amendment of the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999
13.—(1) The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999() are amended as follows.
(2) In regulation 3—
(a)in paragraph (2)—
(i)for the definition of “applicant”, substitute—
““applicant” means an applicant for the issue of—
(a)
a type approval certificate, authorisation or test report for a vehicle or vehicle part for the purpose of an EU instrument or ECE Regulation; or
(b)
a type approval certificate for a vehicle or a vehicle part for the purpose of the national small series type approval scheme;”
(ii)in the definition of “Approval Regulations”, for “2009”, substitute “2020”;
(iii)in the definition of “approval requirements”, in sub-paragraph (a)—
(aa)omit paragraphs (ii) and (iii);
(bb)in sub-paragraph (v), for “Schedule 4”, substitute “Schedule 1”;
(iv)for the definition of “EU instrument”, substitute—
““EU instrument” means any EU regulatory act listed in a table in —
(a)
Part I or Part III of Annex II to the Type Approval Regulation;
(b)
Annex I to the tractor type approval Regulation; or
(c)
Annex II to the motorcycle type approval Regulation;”;
(v)for the definition of “ECE Regulation”, substitute—
““ECE Regulation” means a UNECE Regulation—
(a)
as defined in regulation 2(1) of the Approval Regulations; or
(b)
referred to in—
(i)
Article 49(1) of the tractor type approval Regulation; or
(ii)
Article 54(1) of the motorcycle type approval Regulation;”;
(vi)for the definition of “national small series type approval”, substitute—
““national small series type approval” means the scheme described in Article 42 of the Type Approval Regulation;”;
(vii)omit the definitions of “Framework Directive”, “Great Britain Regulations”, “Great Britain Regulations for Goods Vehicles”, “low volume type approval vehicle”, “national type approval scheme”, “regulatory act” and “sound level measurement certificate”;
(viii)at the appropriate place in the alphabetical order, insert—
““the motorcycle type approval Regulation” means Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time;”;
““the tractor type approval Regulation” means Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles as it may be amended from time to time;”;
““the Type Approval Regulation” has the same meaning as in regulation 2(1) of the Approval Regulations;”;
(b)omit paragraph (3);
(c)in paragraph (4), for “the Framework Directive”, substitute “Article 4 of the Type Approval Regulation”.
(3) In regulation 4—
(a)in paragraph (1)—
(i)in sub-paragraph (a), for “of the Environment, Transport and the Regions”, substitute “for Transport”;
(ii)in sub-paragraph (b), omit “a sound level measurement certificate or”;
(b)in paragraph (3), for “of the Environment, Transport and the Regions”, substitute “for Transport”;
(c)in paragraph (4)—
(i)for “of the Environment, Transport and the Regions”, substitute “for Transport”;
(ii)omit “a sound level measurement certificate or”.
(4) Omit regulation 5.
(5) In regulation 5A()—
(a)in paragraph (1)—
(i)for “25(3)”, substitute “16(3)”;
(ii)for “Framework Directive”, substitute “Type Approval Regulation”;
(b)in paragraph (2)—
(i)for “Framework Directive”, substitute “Type Approval Regulation”;
(ii)for “that Directive”, substitute “that Regulation”;
(c)in paragraph (3), for “24(3)(b)(ii)”, substitute “15(3)(b)(ii)”;
(d)in paragraph (4), for “24(1)”, substitute “15(1)”.
(6) In regulation 6—
(a)in the heading to the regulation, for “EC”, substitute “EU”;
(b)in paragraph (1)—
(i)for “EC”, substitute “EU”;
(ii)for “regulation 13(3) of the Approval Regulations”, substitute “Article 26(2) of the Type Approval Regulation”;
(iii)for “Framework Directive”, substitute “Type Approval Regulation”;
(c)in paragraph (2)—
(i)for “Framework Directive”, substitute “Type Approval Regulation”;
(ii)for “that Directive”, substitute “that Regulation”;
(d)in paragraph (3), for “EC”, substitute “EU”;
(e)in paragraph (4), for “EC”, substitute “EU”;
(f)in paragraph (5), for “EC”, substitute “EU”;
(g)in paragraph (6), for “EC” (three times), substitute “EU”;
(h)in paragraph (7), for “EC”, substitute “EU”.
(7) In regulation 7—
(a)in paragraph (1), for “of the Environment, Transport and the Regions”, substitute “for Transport”;
(b)in paragraph (2), for “of the Environment, Transport and the Regions”, substitute “for Transport”;
(c)in paragraph (3), for “of the Environment, Transport and the Regions”, substitute “for Transport”;
(d)in paragraph (4)—
(i)omit sub-paragraph (a);
(ii)after “national”, insert “small series”.
(8) In regulation 8, after “national”, insert “small series”.
(9) In regulation 9, omit paragraphs (2), (3), (5) and (6).
(10) Omit regulation 10.
(11) In regulation 11—
(a)in paragraph (1), for “of the Environment, Transport and the Regions”, substitute “for Transport”;
(b)in paragraph (3), for “of the Environment, Transport and the Regions”, substitute “for Transport”;
(12) In regulation 12—
(a)in paragraph (1)(b), omit “a sound level measurement certificate or”;
(b)in paragraph (2), for “5”, substitute “5A”;
(c)omit paragraph (6).
(13) In regulation 13, in paragraph (4), omit “or 2”.
(14) Omit regulation 15.
(15) In regulation 16, in paragraph (1), after “national”, insert “small series”.
(16) In regulation 17—
(a)in paragraph (1)—
(i)for “of the Environment, Transport and the Regions”, substitute “for Transport”;
(ii)after “national”, insert “small series”;
(b)in paragraph (2), for “of the Environment, Transport and the Regions”, substitute “for Transport”.
(17) In regulation 19, for “5,”, substitute “5A,”.
(18) In regulation 20, for “5,”, substitute “5A,”.
(19) In Schedule 1—
(a)in the heading to the Schedule, omit “the Great Britain Regulations or”;
(b)omit Part I and Part II;
(c)in the heading to Part IV, for “EC”, substitute “EU”.
(20) Omit Schedule 2.
(21) In Schedule 3(), in the table—
(a)in section (B)—
(i)in the heading, for “Community”, substitute “EU”;
(ii)for “the first indent of article 5(3) of the Framework Directive”, substitute “Article 34(1) of the Type Approval Regulation”;
(iii)for “the second indent of article 5(3) of the Framework Directive”, substitute “Article 34(2) of the Type Approval Regulation”;
(b)omit section (C);
(c)in section (D), for “Minister’s approval, EEC or EEC”, substitute “EU or ECE”;
(d)in section (E), for “Minister’s approval, EEC”, substitute “EU”;
(e)in the note to the table (marked “NB”), for “EEC”, substitute “EU”.
(22) In Schedule 4—
(a)omit Part I and Part II;
(b)in Part III, in the table, for “article 4(2) of the Framework Directive”, substitute “Article 7(1) of the Type Approval Regulation”.
Amendment of the Road Vehicles Lighting Regulations (Northern Ireland) 2000
14.—(1) The Road Vehicles Lighting Regulations (Northern Ireland) 2000() are amended as follows.
(2) In Schedule 1, in Table 1, in the entries in the table relating to “headlamp cleaning device” and “reversing lamp”, in the third column of each entry, for “2009”, substitute “2020, or by Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,”.
Amendment of the Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001
15.—(1) The Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001() are amended as follows.
(2) In regulation 3(1)—
(a)omit the definition of “the 2009 Regulations”;
(b)for the definition of “EC certificate of conformity”, substitute—
““EU certificate of conformity” has the same meaning as “certificate of conformity” in Article 3(5) of the Type Approval Regulation;”;
(c)for the definition of “EC type approval certificate”, substitute—
““EU type approval certificate” means a type approval certificate issued pursuant to Article 28 or 41 of the Type Approval Regulation;”;
(d)omit the definition of “Framework Directive”;
(e)in the definition of “make”, for “EC” (twice), substitute “EU”;
(f)in the definition of “official fuel consumption”, for “EC” (twice), substitute “EU”;
(g)in the definition of “official specific emissions of CO2”, for “EC” (twice), substitute “EU”;
(h)in the definition of “type”, “variant” and “version”, for “Annex II B of the Framework Directive”, substitute “Part B of Annex I to the Type Approval Regulation”;
(i)at the appropriate place in the alphabetical order, insert—
““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.
(3) In regulation 4—
(a)in the opening words, for “of Annex II of the Framework Directive”, substitute “in Article 4(1)(a) of the Type Approval Regulation”;
(b)in paragraph (a), for “the Framework Directive”, substitute “the Type Approval Regulation”;
(c)in paragraph (c), for “Article 9(1)(b) of the Framework Directive”, substitute “point 5 of Part A of Annex I to the Type Approval Regulation”.
(4) In Schedule 5—
(a)in paragraph 6—
(i)in sub-paragraph (2), for “EC” (three times), substitute “EU”;
(ii)in sub-paragraph (4)(a)(i), for “EC”, substitute “EU”.
(b)in paragraph 7(1), for “EC”, substitute “EU”.
(c)in paragraph 8(2), for “EC”, substitute “EU”.
Amendment of the Road Vehicles (Registration and Licensing) Regulations 2002
16.—(1) The Road Vehicles (Registration and Licensing) Regulations 2002() are amended as follows.
(2) In regulation 15(3A)(a), for “paragraph 1.1.1 of” to “for such vehicles”, substitute “Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
(3) In regulation 15A(6)(a), for “paragraph 1.1.1 and” to “for such vehicles”, substitute “Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Motor Vehicle Testing Regulations (Northern Ireland) 2003
17.—(1) The Motor Vehicle Testing Regulations (Northern Ireland) 2003() are amended as follows.
(2) In regulation 5(5)(b), for “Annex 2 to Directive 2007/46/EC” to “for such vehicles”, substitute “Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the End-of-Life Vehicles Regulations 2003
18.—(1) The End-of-Life Vehicles Regulations 2003() are amended as follows.
(2) In regulation 2, in the definition of “vehicle”, in paragraph (a), for “Annex II to Directive 2007/46/EC” to “for such vehicles”, substitute “Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
(3) In regulation 5, for the words “Article 23 of ” to “for such vehicles”, substitute “Articles 42 and 43 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003
19.—(1) The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003() are amended as follows.
(2) In regulation 2, in the definition of “vehicle”, in paragraph (a), for “paragraph 1.1.1 or” to “Commission Regulation (EU) 2017/2400”, substitute “Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005
20.—(1) The End-of-Life Vehicles (Producer Responsibility) Regulations 2005() are amended as follows.
(2) In regulation 2, in the definition of “vehicle”, in paragraph (a), for “Annex II to Directive 2007/46/EC” to “for such vehicles”, substitute “Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
(3) In regulation 5, for the words from “Article 9(1)(b)” to the end, substitute “point 5 of Part A of Annex I to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Supply of Machinery (Safety) Regulations 2008
21.—(1) The Supply of Machinery (Safety) Regulations 2008() are amended as follows.
(2) In Schedule 3—
(a)in paragraph 1(e)(ii), for the words “Article 3(11) and (12)” to the end, substitute “Article 3(16) and (17) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”;
(b)in paragraph 2(b)(ii), for “Directive 2007/46/EC”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Road Vehicles (Individual Approval) (Fees) Regulations 2009
22.—(1) The Road Vehicles (Individual Approval) (Fees) Regulations 2009() are amended as follows.
(2) In regulation 2—
(a)in paragraph (1)—
(i)in the definition of “Approval Regulations”, for “2009”, substitute “2020”;
(ii)in the definition of “ACS vehicle”, for “Schedule 5”, substitute “Schedule 2”;
(iii)in the definition of “appeal”, for “37(2) and (3)”, substitute “19(2) and (3)”;
(iv)in the definition of “applicant”, for “27(11)”, substitute “18(11)”;
(v)in the definition of “application”, for “27(1) and (2)”, substitute “18(1) and (2)”;
(vi)in the definition of “examination”, for “27(5)”, substitute “18(5)”;
(vii)omit the definition of “Framework Directive”;
(viii)for the definition of “individual approval”, substitute—
““individual approval” means the process of certification that a particular vehicle, whether unique or not, satisfies the relevant administrative and technical requirements prescribed by the Approval Regulations (and particularly Chapter 2 of Part 3 of those Regulations);”;
(ix)in the definition of “re-examination”, for “regulation 37”, substitute “regulation 19”;
(x)at the appropriate place in the alphabetical order, insert—
““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”;
(b)in paragraph (2), for “Annex II to the Framework Directive”, substitute “Article 4 of the Type Approval Regulation”.
(3) In regulation 3, for “regulation 27”, substitute “regulation 18”.
(4) In regulation 4—
(a)in paragraph (1), for “regulation 27(5)”, substitute “regulation 18(5)”;
(b)in paragraph (2)—
(i)for “regulation 27(3)”, substitute “regulation 18(3)”;
(ii)for “regulation 27(4)”, substitute “regulation 18(4)”.
(5) In regulation 5—
(a)in paragraph (1), for “regulation 27(5)”, substitute “regulation 18(5)”;
(b)in paragraph (2)—
(i)for “regulation 27(3)”, substitute “regulation 18(3)”;
(ii)for “regulation 27(4)”, substitute “regulation 18(4)”.
(6) In regulation 6—
(a)in paragraph (1), for “regulation 27(5)”, substitute “regulation 18(5)”;
(b)in paragraph (2)—
(i)in the opening words, for “Schedule 5”, substitute “Schedule 2”;
(ii)in sub-paragraph (a), for “requirement 3”, substitute “requirement 3A”;
(c)in paragraph (3), for “Schedule 5”, substitute “Schedule 2”.
(7) In regulation 8, in paragraph (1), for “regulation 37(3)(d)”, substitute “regulation 19(3)(d)”.
(8) In regulation 11—
(a)in the heading, for “duplicate”, substitute “replacement”;
(b)for “regulation 38(6)”, substitute “regulation 18(15)”.
(9) In regulation 12, for “article 24(8) of the Framework Directive”, substitute “Article 46(4) of the Type Approval Regulation”.
Amendment of the Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009
23.—(1) The Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009() are amended as follows.
(2) In regulation 2—
(a)for paragraph (1), substitute—
“(1) A reference in these Regulations to a vehicle being of category M or N followed by a number in subscript is to be construed in accordance with—
(a)Article 4 of the Type Approval Regulation where the vehicle was approved pursuant to the requirements of that Regulation;
(b)Annex II to the second Framework Directive where the vehicle was approved pursuant to the requirements of that Directive; and
(c)Annex II to the first Framework Directive in all other cases.”;
(b)in paragraph (2)—
(i)at the appropriate place in the alphabetical order, insert—
““the 2020 Regulations” means the Road Vehicles (Approval) Regulations 2020;”
““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”;
(ii)in the definition of “a 715 relevant vehicle”, in paragraph (b), for sub-paragraphs (i) and (ii), substitute—
“(i)an EC certificate of conformity issued in accordance with the 1998 Regulations, 2009 Regulations or 2020 Regulations, or any equivalent provision of the law of a member State (other than the United Kingdom) or any other EEA state giving effect to Article 6 of the first Framework Directive, article 18 of the second Framework Directive or Article 36 of the Type Approval Regulation, or
(ii)a national certificate of conformity issued in accordance with the 1982 Regulations, the 1984 Regulations, the 2007 Regulations, the 2009 Regulations or the 2020 Regulations or any provision of a member State (other than the United Kingdom) or any other EEA state having equivalent effect,”;
(c)in paragraph (3)(a), after “Directive”, insert “or the Type Approval Regulation”;
(d)in paragraph (4)(c), after “the 2009 Regulations”, insert “or the 2020 Regulations”.
Amendment of the Cleaner Road Transport Vehicles (Scotland) Regulations 2010
24.—(1) The Cleaner Road Transport Vehicles (Scotland) Regulations 2010() are amended as follows.
(2) In regulation 3(2), for “Directive 2007/46/EC” to “such vehicles”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Cleaner Road Transport Vehicles Regulations 2011
25.—(1) The Cleaner Road Transport Vehicles Regulations 2011() are amended as follows.
(2) In regulation 3(2), for “Directive 2007/46/EC” to “such vehicles”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Pollution Prevention and Control (Scotland) Regulations 2012
26.—(1) The Pollution Prevention and Control (Scotland) Regulations 2012() are amended as follows.
(2) In Schedule 2, in Part 4, in paragraph 12—
(a)omit the definition of “Directive 2007/46/EC”;
(b)insert at the appropriate place in the alphabetical order—
““the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”;
(c)in the definition of “vehicle coating”, for “Directive 2007/46/EC” (five times), substitute “the Type Approval Regulation”;
(d)in the definition of “vehicle refinishing”, for “Directive 2007/46/EC”, substitute “the Type Approval Regulation”.
Amendment of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012
27.—(1) The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012() are amended as follows.
(2) In regulation 4(1), in the definition of “travel service”, in paragraph (c)(ii), for “Article 3(11)” to the end, substitute “Article 3(16) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.
Amendment of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013
28.—(1) The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013() are amended as follows.
(2) In Schedule 1, in Part 1, in Chapter 7, in Part C, in “Interpretation of Part C”, in paragraph 2—
(a)in the definition of “other coating activities”, for “Directive 2007/46/EC as last amended by Commission Regulation 2017/2400/EU”, substitute “Article 4 of Regulation (EU) 2018/858”;
(b)in the definition of “vehicle coating”, for “Directive 2007/46/EC as last amended by Commission Regulation 2017/2400/EU” (four times), substitute “Article 4 of Regulation (EU) 2018/858”;
(c)in the definition of “vehicle refinishing”, for “Directive 2007/46/EC as last amended by Commission Regulation 2017/2400/EU”, substitute “Article 4 of Regulation (EU) 2018/858”;
(d)at the appropriate place in the alphabetical order, insert—
““Regulation (EU) 2018/858” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.
Amendment of the Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013
29.—(1) The Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013() are amended as follows.
(2) In regulation 2(h), for “Directive 2007/46/EC” to “for such vehicles”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Taxi Licensing Regulations (Northern Ireland) 2015
30.—(1) The Taxi Licensing Regulations (Northern Ireland) 2015() are amended as follows.
(2) In regulation 2(1)—
(a)in the definition of “approved M1 vehicle”—
(i)after paragraph (a), insert—
“(aa)an EU certificate of conformity under Regulation (EU) 2018/858;”;
(ii)in paragraph (d), after “Regulations 2009”, insert “or the Road Vehicles (Approval) Regulations 2020”;
(b)at the appropriate place in the alphabetical order, insert—
““Regulation (EU) 2018/858” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.
Amendment of the Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2015
31.—(1) The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) Regulations 2015() are amended as follows.
(2) In regulation 3, in the definition of “automotive vehicle”, for “Council Directive 2007/46/EC” to “for such vehicles”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Pressure Equipment (Safety) Regulations 2016
32.—(1) The Pressure Equipment (Safety) Regulations 2016() are amended as follows.
(2) In Schedule 1, for paragraph 1(e)(i), substitute—
“(i)Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;”.
Amendment of the Economic Growth (Regulatory Functions) Order 2017
33.—(1) The Economic Growth (Regulatory Functions) Order 2017() is amended as follows.
(2) In the Schedule, in Part 3, in the section headed “Road transport”, for “Road Vehicles (Approval) Regulations 2009”, substitute—
“Road Vehicles (Approval) Regulations 2020
Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Package Travel and Linked Travel Arrangements Regulations 2018
34.—(1) The Package Travel and Linked Travel Arrangements Regulations 2018() are amended as follows.
(2) In regulation 2(1), in the definition of “travel service”, in paragraph (c)(ii), for the words “Article 3(11) of ” to “for such vehicles”, substitute “Article 3(16) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.
Amendment of the Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018
35.—(1) The Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018() are amended as follows.
(2) In regulation 3(a), for sub-paragraph (ii), substitute—
“(ii)in the definition of “travel service”, in paragraph (c)(iii), for “point (c) of Article 4(3) of Directive 2006/126/EC of the European Parliament and of the Council on driving licences”, substitute “Part 1 of Schedule 2 (categories and sub-categories of vehicle for licensing purposes) to the Motor Vehicles (Driving Licences) Regulations 1999()”;”.
Amendment of the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019
36.—(1) The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019() are amended as follows.
(2) In regulation 9—
(a)omit paragraph (2)(c);
(b)omit paragraph (6).
(3) In regulation 10—
(a)omit paragraph (2)(e);
(b)omit paragraph (6)(b).
Amendment of the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019
37.—(1) The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019() are amended as follows.
(2) In regulation 6(2), for “paragraph (c)(ii) and (iii)” to the end, substitute—
“paragraph (c)(iii) substitute—
“(iii)motorcycles requiring a Category A driving licence in accordance with Part 1 of Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1999;”.”.
Amendment of the Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019
38.—(1) The Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019() are amended as follows.
(2) In regulation 5—
(a)in paragraph (8)(a)(ii), for “the Road Vehicles (Approval) Regulations 2009”, substitute “Article 25 of Regulation (EU) 2018/858”;
(b)for paragraph (8)(b), substitute—
“(b)in paragraph 2, in the first subparagraph—
(i)for “Directive 2007/46/EC”, substitute “Regulation (EU) 2018/858”;
(ii)for “Article 11 of that Directive”, substitute “Article 30 of that Regulation”.”.
(3) In regulation 32—
(a)in paragraph (2)(a), for “the Road Vehicles (Approval) Regulations 2009”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”;
(b)in paragraph (8)(a)(ii), for “the Road Vehicles (Approval) Regulations 2009”, substitute “Article 25 of Regulation (EU) 2018/858”;
(c)for paragraph (8)(b), substitute—
“(b)in paragraph 2, in the first subparagraph—
(i)for “Directive 2007/46/EC”, substitute “Regulation (EU) 2018/858”;
(ii)for “Article 11 of that Directive”, substitute “Article 30 of that Regulation”.”.
Amendment of the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019
39.—(1) The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019() are amended as follows.
(2) In regulation 2—
(a)in paragraph (2)—
(i)in sub-paragraph (a), in the new subsection (1C) inserted by that sub-paragraph, in the definition of “relevant European approval”, after paragraph (a), insert—
“(aa)an EU type-approval certificate, as referred to in Article 28 of the road vehicles type approval Regulation,”;
(ii)in sub-paragraph (e), in the new subsection (9) inserted by that sub-paragraph, after paragraph (a), insert—
“(aa)the road vehicles type approval Regulation,”;
(b)in paragraph (3)(a), in the new subsection (1ZB) inserted by that sub-paragraph—
(i)after paragraph (a), insert—
“(aa)a certificate of conformity issued before exit day under Article 36 the road vehicles type approval Regulation,”;
(ii)in paragraph (d), after “that law,”, insert “Article 36,”;
(c)in paragraph (5)—
(i)for sub-paragraph (a), substitute—
“(a)in paragraph (a)—
(i)in sub-paragraph (iv), omit “other than the United Kingdom”;
(ii)in sub-paragraph (v), after “type approval Regulation”, insert “or under Article 36 or 37 of that Regulation as it has effect in EU law”;”;
(ii)for sub-paragraph (d), substitute—
“(d)in paragraph (d)—
(i)in sub-paragraph (ii), omit “other than the United Kingdom”;
(ii)in sub-paragraph (iii), after “type approval Regulation”, insert “or under Article 36 or 37 of that Regulation as it has effect in EU law”;”.
(3) In regulation 3—
(a)in paragraph (2), in sub-paragraph (b), in the new definition of “relevant UK certificate” to be inserted into subsection (8), after paragraph (c), insert—
“(ca)a certificate issued pursuant to regulation 16(7) or 18(10) of the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818),”;
(b)in paragraph (3), in the new section 22B to be inserted by that paragraph, in subsection (4), in the definition of “relevant UK certificate”, after paragraph (c), insert—
“(ca)a certificate issued pursuant to regulation 16(7) or 18(10) of the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818),”.
(4) In regulation 5(2)—
(a)in sub-paragraph (a), in the new paragraph (2C) inserted by that sub-paragraph, in the definition of “relevant European approval”, after sub-paragraph (a), insert—
“(aa)an EU type-approval certificate, as referred to in Article 28 of the road vehicles type approval Regulation,”;
(b)in sub-paragraph (b), in the new paragraph (3B) inserted by that sub-paragraph—
(i)after paragraph (a), insert—
“(aa)a certificate of conformity issued before exit day under Article 36 the road vehicles type approval Regulation,”;
(ii)in paragraph (d), after “that law,”, insert “Article 36,”;
(c)in sub-paragraph (d)(ii)—
(i)for sub-paragraph (aa), substitute—
“(aa)in paragraph (a)—
(i)in sub-paragraph (iv), omit “other than the United Kingdom”;
(ii)in sub-paragraph (v), after “type approval Regulation”, insert “or under Article 36 or 37 of that Regulation as it has effect in EU law”;”;
(ii)for sub-paragraph (dd), substitute—
“(dd)in paragraph (d)—
(i)in sub-paragraph (ii), omit “other than the United Kingdom”;
(ii)in sub-paragraph (iii), after “type approval Regulation”, insert “or under Article 36 or 37 of that Regulation as it has effect in EU law”;”.
(d)in sub-paragraph (d)(iii), in the new definition of “European type approval requirements” inserted by that sub-paragraph, after sub-paragraph (a), insert—
“(aa)the road vehicles type approval Regulation,”.
(5) Omit regulation 6.
(6) After regulation 10, insert—
“Amendment of Regulation (EU) 2018/858
10ZA.—(1) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles is amended as follows.
(2) In Article 3 (definitions), after point (58), insert—
“References in this Regulation to Member States are to be read (insofar as is possible) as including the United Kingdom.”.
(3) During the period beginning with IP completion day and ending with the 31st December next following the end of the relevant period, the table in paragraph 2 of Annex V is to be read as though—
(a)the figures shown in the “Units” column of that table corresponding to “Category” M1 and N1 were “1000”; and
(b)each of the remaining figures shown in the “Units” column of that table were multiplied by a factor of two.
(4) In paragraph (3), the “relevant period” means the period of six months beginning with the day on which IP completion day falls.”.
Amendment of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019
40.—(1) The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019() are amended as follows.
(2) In Schedule 12, in paragraph 32, omit sub-paragraphs (a) and (c).
Amendment of the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019
41.—(1) The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019() are amended as follows.
(2) In Schedule 3—
(a)in paragraph 28(3), in the new paragraph 4 to be substituted by that paragraph, for “the Road Vehicles (Approval) Regulations 2009”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”;
(b)in paragraph 36(2)(a), for “the Road Vehicles (Approval) Regulations 2009”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council”.
Amendment of the REACH etc. (Amendment etc.) (EU Exit) (No 3) Regulations 2019
42.—(1) The REACH etc. (Amendment etc.) (EU Exit) (No 3) Regulations 2019() are amended as follows.
(2) In regulation 5(2), in the new paragraph 28A(2) to be inserted by that paragraph, for “the Road Vehicles (Approval) Regulations 2009”, substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles”.