The Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) (Amendment) Regulations 1990

Made: 11th June 1990

Laid before Parliament: 20th June 1990

Coming into force: 11th July 1990

The Minister of Agriculture, Fisheries and Food in relation to England and Northern Ireland, the Secretary of State for Scotland in relation to Scotland and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973[^f00001] and of all other powers enabling them in that behalf, with the consent of the Treasury, hereby make the following Regulations:

Title, commencement and interpretation

1

• (1) These Regulations may be cited as the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) (Amendment) Regulations 1990 and shall come into force on 11th July 1990.

• (2) In these Regulations “the principal Regulations” means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) Regulations 1979[^f00002].

Amendment of the principal Regulations

2

• (1) The definition of “test” in regulation 2(1) of the principal Regulations shall be omitted.

• (2) In regulation 2(1) of the principal Regulations, in the definition of “tractor” and “tractor component”, for “the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1979” there shall be substituted “the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988”[^f00003].

• (3) In regulation 2(2) of the principal Regulations, for “1979” there shall be substituted “1988”.

3

There shall be inserted after regulation 3 of the principal Regulations the following regulations–

(3A) Subject to the provisions of these Regulations, where a tractor or tractor component is submitted by one applicant for there to be carried out on such tractor or tractor component either of the tests identified by fee numbers 17 and 23 in column 1 of Part B of Schedule 1 to these Regulations, the fee to be paid for each such test shall be– (a) where the test is to be carried out at an official testing station by an officer of the Minister or a person appointed by the Minister to act on his behalf, the aggregate of– (i) the amount specified as the First Item in Part A of Schedule 1, and (ii) the amount specified in relation to that test in column 4 of Part B of Schedule 1; or (b) where the test is to be carried out on other premises under the supervision of an officer of the Minister or a person appointed by the Minister to act on his behalf, the aggregate of– (i) the amount specified as the Second Item in Part A of Schedule 1, and (ii) the amount specified in relation to that test in column 5 of Part B of Schedule 1. (3B) Where a tractor or tractor component is submitted by one applicant for there to be carried out on such tractor or tractor component a series of not more than four tests for each of which the fee number in column 1 of Part B of Schedule 1 to these Regulations is marked with an asterisk, the fee to be paid for that series of tests shall be– (a) where the test is to be carried out at an official testing station by an officer of the Minister or a person appointed by the Minister to act on his behalf, the amount specified as the First Item in Part A of Schedule 1 only, or (b) where the test is to be carried out on other premises under the supervision of an officer of the Minister or a person appointed by the Minister to act on his behalf, the amount specified as the Second Item in Part A of Schedule 1 only.

4

For Schedules 1 and 2 to the principal Regulations there shall be substituted the provisions of the Schedule to these Regulations.

Revocation

5

The Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) (Amendment) Regulations 1985[^f00004] are hereby revoked.

SCHEDULE — PROVISIONS TO BE SUBSTITUTED FOR SCHEDULES 1 AND 2 TO THE PRINCIPAL REGULATIONS

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th June 1990.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Sanderson of Bowden — Secretary of State for Scotland — 8th June 1990

David Hunt — Secretary of State for Wales — 11th June 1990

We consent to the making of these Regulations.

John Taylor — Kenneth Carlisle — Two of the Lords Commissioners of Her Majesty’s Treasury — 6th June 1990

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) Regulations 1979 (“the 1979 Regulations”).

The definition of “test” in regulation 2 of the 1979 Regulations is omitted (regulation 2). Provision is made for increased fees for two tests (fee numbers 17 and 23), and reduced fees, where up to four tests are carried out in one examination, for certain tests (fee numbers marked with an asterisk) (regulation 3). Fees are introduced for ten additional tests, and the scale of fees is revised to reflect changes in the cost of testing since 1985 when the 1979 Regulations were last amended (regulation 4 and the Schedule). Some individual fees are reduced but most are increased so that (including the Basic fee) the cost of examinations is increased by between 55% and 297%.

The fees for the issue of documents are unchanged, but provision is made for a fee to be charged for the issue (for the purpose of an application for a type approval certificate) of a report based on tests to standards of the United Nations Economic Commission for Europe.

Footnotes

[^f00001]: 1973 c. 51. The said Ministers are the Ministers in charge of the departments which, by virtue of S.I. 1988/1567, provide services and issue certificates in relation to the type approval of tractors and tractor components in pursuance of Community obligations.

[^f00002]: S.I. 1979/1376, amended by S.I. 1985/307.

[^f00003]: S.I. 1988/1567, amended by S.I. 1989/2275.

[^f00004]: S.I. 1985/307.

[^f00005]: As amended by Council Directive 82/890/EEC (OJ No. L378, 31.12.82, p. 45) and Commission Directive 88/410/EEC (OJ No. L200, 26.7.88, p. 27).

[^f00006]: As amended by Council Directive 82/890/EEC and Commission Directive 88/412/EEC (OJ No. L200, 26.7.88, p. 31).

[^f00007]: As amended by Council Directive 82/890/EEC.

[^f00008]: As amended by Commission Directive 79/1073/EEC (OJ No. L331, 27.12.79, p. 20) and Council Directive 82/890/EEC.

[^f00009]: As amended by Council Directive 82/890/EEC and Commission Directive 88/411/EEC (OJ No. L200, 26.7.88, p. 30).

[^f00010]: As amended by Council Directive 82/890/EEC.

[^f00011]: As amended by the Act concerning the conditions of accession of the Hellenic Republic (OJ No. L291, 29.11.79, p. 17); the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic (OJ No. L302, 15.11.85, p. 23) and Council Directive 87/354/EEC (OJ No. L192, 11.7.87, p. 43).

[^f00012]: As amended by the Act concerning the conditions of accession of the Hellenic Republic; Council Directive 82/890/EEC; Commission Directive 83/190/EEC (OJ No. L109, 26.4.83, p. 13); the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and Commission Directive 88/465/EEC (OJ No. L228, 17.8.88, p. 31).

[^f00013]: As amended by Commission Directive 82/953/EEC (OJ No. L386, 31.12.82, p. 31); the Act concerning the accession of the Kingdom of Spain and the Portuguese Republic; Council Directive 87/354/EEC (OJ No. L192, 11.7.87, p. 43) and Commission Directive 88/413/EEC (OJ No. L200, 26.7.88, p. 34).

[^f00014]: As amended by Council Directive 82/890/EEC and Commission Directive 88/414/EEC (OJ No. L200, 26.7.88, p. 34).

[^f00015]: With the exception of item 5.2 of Annex I.