SCHEDULE 6Consequential amendments and revocations
PART 1Consequential amendments
CHAPTER 1Primary legislation
Amendment of the Public Passenger Vehicles Act 1981
1.
(1)
Section 6 of the Public Passenger Vehicles Act 1981 M1 (certificate of initial fitness (or equivalent) required for use as public service vehicles) is amended as follows.
(2)
In subsection (1)(d)(i), for “EC certificate of conformity”, substitute “
EU certificate of conformity
”
.
(3)
In subsection (1ZB), for “regulation 6”, substitute “
regulation 21
”
.
(4)
“(3)
In this section—
“Approval Regulations” means the Road Vehicles (Approval) Regulations 2020;
“EU certificate of conformity” has the same meaning as “certificate of conformity” in Article 3(5) 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;
“individual approval certificate” means a certificate issued under regulation 18(10) of the Approval Regulations;
“national small series certificate of conformity” means a certificate issued under regulation 16(7) of the Approval Regulations.”.
Amendment of the Road Traffic Act 1988
2.
(1)
The Road Traffic Act 1988 M2 is amended as follows.
(2)
In section 67 M3 (testing of condition of vehicles on roads), in subsection (3B)(a), for “Annex II to the road vehicles type approval Directive”, substitute “
Article 4 of the road vehicles type approval Regulation
”
.
(3)
In section 79 M4 (further provisions relating to weighing of motor vehicles)—
(a)
in subsection (A2), for “Annex II to Directive 2007/46/EC”, substitute “
Article 4 of the road vehicles type approval Regulation
”
;
(b)
omit subsection (6).
(4)
In section 85(1) (interpretation of Part II), in the definition of “EC certificate of conformity”M5—
(a)
in paragraph (a)—
(i)
in sub-paragraph (iii), omit the second “or”;
(ii)
“, or
(v)
Article 36 or 37 of the road vehicles type approval Regulation;”;
(b)
in paragraph (d)—
(i)
in sub-paragraph (i), omit “or”;
(ii)
“, or
(iii)
Article 36 or 37 of the road vehicles type approval Regulation;”.
(5)
““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,”.
(6)
“Road vehicles type approval Regulation
Section 85”.
Amendment of the Vehicle Excise and Registration Act 1994
3.
(1)
Schedule 1 to the Vehicle Excise and Registration Act 1994 M7 (annual rates of duty) is amended as follows.
(2)
In Part IA (light passenger vehicles registered before 1 April 2017: graduated rates of duty)—
(a)
“(2)
In sub-paragraph (1)(b)(i) a “light passenger vehicle” means, as the case may be, a vehicle—
(a)
within Category M1 of Annex II to Council Directive 70/156/EEC (vehicle with at least four wheels used for carriage of passengers and comprising no more than 8 seats in addition to the driver's seat),
(b)
within Category M1 of Annex II to Directive 2007/46/EC (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat), or
(c)
within Category M1 of 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 (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat).”;
(b)
“(1)
References in this Part of this Schedule to an “EU certificate of conformity” are to a certificate of conformity within the meaning of—
(a)
Council Directive 70/156/EEC,
(b)
Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007, or
(c)
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 Part 1AA (light passenger vehicles registered on or after 1 April 2017), in paragraph 1GA—
(a)
“(2)
In sub-paragraph (1)(b)(i) a “light passenger vehicle” means—
(a)
a vehicle within Category M1 of Annex II to Directive 2007/46/EC (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat), or
(b)
a vehicle within Category M1 of 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 (vehicle designed and constructed primarily for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat).”;
(b)
“(2A)
For the purposes of sub-paragraph (1A) a vehicle is a “motor caravan” if the certificate mentioned in sub-paragraph (1)(b) identifies the vehicle as a motor caravan within the meaning of—
(a)
Annex II to Directive 2007/46/EC, or
(b)
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.”;
(c)
“(4)
References in this Part of this Schedule to an “EU certificate of conformity” are to a certificate of conformity within the meaning of—
(a)
Directive 2007/46/EC, or
(b)
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.”.
(4)
“(2)
In sub-paragraph (1)(b) a “light goods vehicle” means, as the case may be, a vehicle—
(a)
within Category N1 of Annex II to Council Directive 70/156/EEC (vehicle with four or more wheels used for carriage of goods and having a maximum mass not exceeding 3.5 tonnes),
(b)
within Category N1 of Annex II to Directive 2007/46/EC (vehicle designed and constructed primarily for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes), or
(c)
within Category N1 of 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 (vehicle designed and constructed primarily for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes).”.
Amendment of the Income Tax (Earnings and Pensions) Act 2003
4.
(1)
Section 171(1) of the Income Tax (Earnings and Pensions) Act 2003 M9 (minor definitions: general) is amended as follows.
(2)
““EC certificate of conformity” means a certificate of conformity within the meaning of—
(a)
Council Directive 70/156/EEC,
(b)
Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007, or
(c)
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)
““EC type-approval certificate” means—
(a)
a type-approval certificate issued under any provision of the law of a Member State implementing Council Directive 70/156/EEC,
(b)
an EC type-approval certificate within the meaning of Council Directive 2007/46/EC, or
(c)
an EU type-approval certificate within the meaning 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;”.
CHAPTER 2Secondary legislation
Amendment of the Motor Vehicles (International Circulation) Order 1975
5.
(1)
The Motor Vehicles (International Circulation) Order 1975 M10 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 M11 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 M12 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)
“, 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)
“, or
(iii)
Article 36 or 37 of the road vehicles type approval Regulation”;
(b)
““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 M13 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 M14 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 M15 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 M16 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)
““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 M17 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)
““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 M18 are amended as follows.
(2)
In regulation 3—
(a)
in paragraph (2)—
(i)
““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)
““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)
““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)
““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)
““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 M19—
(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 M20, 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 M21 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 M22 are amended as follows.
(2)
In regulation 3(1)—
(a)
omit the definition of “the 2009 Regulations”;
(b)
““EU certificate of conformity” has the same meaning as “certificate of conformity” in Article 3(5) of the Type Approval Regulation;”;
(c)
““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)
““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 M23 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 M24 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 M25 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 M26 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 M27 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 M28 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 M29 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)
““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)
““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 M30 are amended as follows.
(2)
In regulation 2—
(a)
“(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)
““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)
“(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 M31 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 M32 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 M33 are amended as follows.
(2)
In Schedule 2, in Part 4, in paragraph 12—
(a)
omit the definition of “Directive 2007/46/EC”;
(b)
““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 M34 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 M35 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)
““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 M36 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 M37 are amended as follows.
(2)
In regulation 2(1)—
(a)
in the definition of “approved M1 vehicle”—
(i)
“(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)
““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 M38 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 M39 are amended as follows.
(2)
“(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 M40 is amended as follows.
(2)
“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 M41 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 M42 are amended as follows.
(2)
“(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 M43 ”;”.
Amendment of the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019
36.
(1)
The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 M44 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 M45 are amended as follows.
(2)
“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 M46 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)
“(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)
“(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 M47 are amended as follows.
(2)
In regulation 2—
(a)
in paragraph (2)—
(i)
“(aa)
an EU type-approval certificate, as referred to in Article 28 of the road vehicles type approval Regulation,”;
(ii)
“(aa)
the road vehicles type approval Regulation,”;
(b)
in paragraph (3)(a), in the new subsection (1ZB) inserted by that sub-paragraph—
(i)
“(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)
“(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)
“(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)
“(ca)
a certificate issued pursuant to regulation 16(7) or 18(10) of the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818),”;
(b)
“(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)
“(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)
“(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)
“(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)
“(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)
“(aa)
the road vehicles type approval Regulation,”.
(5)
Omit regulation 6.
(6)
“Amendment of Regulation (EU) 2018/85810ZA.
(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 M48 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 M49 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 M50 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
”
.