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The Road Vehicles (Approval) Regulations 2020

Type Statutory-Instrument

Publication 2020-08-03

Last updated 2025-11-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) the trailer is supplied for use on a road, and

(2) The specified conditions are that—

(a) where the trailer is to be kept or normally kept at a place in Great Britain, one of the following has effect with respect to the trailer—

(i) a certificate of conformity issued under regulation 16(7) relating to—

(aa) a GB small series type-approval,

(bb) a UK (NI) national small series type-approval, or

(cc) a national small series type-approval issued by the Secretary of State before IP completion,

(ii) an individual vehicle approval issued under regulation 27(10) of the Road Vehicle (Approval) Regulations 2009 or regulation 18(10) of these Regulations, whether that approval—

(aa) is an individual vehicle approval issued by the Secretary of State before IP completion day, or

(bb) is a GB individual vehicle approval or a UK (NI) national individual vehicle approval,

(iii) a GB certificate of conformity issued in relation to a GB type-approval,

(iv) an EU certificate of conformity issued in relation to an EU type-approval granted by the Secretary of State under the Road Vehicles (Approval) Regulations 2009 or under these Regulations,

(v) an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as implemented in the law of that member State, provided that the trailer to which the approval relates—

(aa) was in the United Kingdom before 1st January 2023, or

(bb) is a qualifying Northern Ireland good, or

(vi) a certificate of conformity issued under section 57 of the Road Traffic Act 1988, or

(b) where the trailer is to be kept, or normally kept at a place in Northern Ireland, one of the following has effect with respect to the trailer—

(i) a certificate referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), or (iv), or

(ii) an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC as implemented in the law of that member State.

(3) A person commits an offence if, at a time when there is no relevant consent in effect with respect to a large trailer, that person—

(a) supplies that large trailer for use on a road,

(b) uses that large trailer on a road, or

(4) A person commits an offence if that person contravenes any requirement in paragraph (1) or (3) of regulation 25.

(5) A person commits an offence if that person—

(a) contravenes any other prohibition in these Regulations, the Type Approval Regulation , the EU Type Approval Regulation or the legislation listed in Schedule 5, or

(b) fails to comply with any requirement or obligation in these Regulations, the Type Approval Regulation , the EU Type Approval Regulation or the legislation listed in Schedule 5.

(5A) It is a defence for a person charged with an offence under sub-paragraph (1), to show that, at the time when the trailer was supplied—

(a) if the condition in sub-paragraph (2)(a) is not satisfied, there was reasonable cause to believe that the trailer would not be kept, or normally kept, at a place in Great Britain, or

(b) if the condition in sub-paragraph (2)(b) is not satisfied, there was reasonable cause to believe that the trailer would not be kept, or normally kept, at a place in Northern Ireland.

(5B) It is a defence for a person charged with an offence under sub-paragraph (3), to show that, at the time when the trailer was supplied or used, as the case may be, a goods vehicle test certificate issued under the following Regulations was in force in relation to the trailer—

(a) the Goods Vehicle (Plating and Testing) Regulations 1988, in the case of a trailer being used in Great Britain without a relevant consent, or

(b) the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003, in the case of a trailer being used in Northern Ireland without a relevant consent.

(6) It is a defence for a person charged with an offence under sub-paragraph (3)(b) or (c) to show that—

(a) the trailer is an incomplete vehicle, is not carrying goods and is being towed to a place where a further stage of manufacture is to take place,

(b) the trailer is to be exported and is being towed to a place from where it is to be taken out of the United Kingdom,

(i) submitting it (by previous arrangement at a specified time) for a statutory inspection or test, or

(ii) bringing it away from any such inspection or test, or

(d) the trailer is operated from a base in a country outside the United Kingdom and either—

(i) the trailer is registered in that country, or

(ii) it is shown that the trailer has its principal base there.

(7) It is a defence for a person charged with an offence under sub-paragraph (1) or (3)(a) to show that, at the time when the trailer was supplied, there was reasonable cause to believe that the trailer would not be used on a road otherwise than in circumstances specified in sub-paragraph (6)(a), (b), or (c).

(8) For the purposes of this paragraph, a trailer is a recordable trailer if it is a relevant vehicle other than—

(a) a trailer falling within regulation 25(2)(a) or (b), or

(b) a trailer to which the alternative conditions in Schedule 3 apply.

(9) In this paragraph—

“relevant consent” means consent given under regulation 23(3);

“relevant vehicle” has the meaning given in regulation 23(8);

“statutory inspection or test” means an inspection or test carried out under or pursuant to—the Type Approval Regulation, the EU Type Approval Regulation,these Regulations,the Goods Vehicles (Plating and Testing) Regulations 1988, orthe Goods Vehicles (Testing) Regulations (Northern Ireland) 2003.

Offences by bodies corporate and partnerships

2

(1) If an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate, or a person purporting to act as an officer of the body corporate, that officer or person (as well as the body corporate) commits the offence and is liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, sub-paragraph (1) applies in relation to the acts and omissions of a member in connection with the member's functions of management as it applies to an officer of the body corporate.

(3) If an offence under these Regulations is—

(a) committed by a Scottish partnership, and

(b) proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner of the partnership,

the partner (as well as the partnership) commits the offence and is liable to be proceeded against and punished accordingly.

(4) In this paragraph “officer” in relation to a body corporate means a director, secretary or other similar officer of the body corporate.

PART 2 — Penalties

Criminal penalties

3

(1) A person who commits an offence under these Regulations is punishable on summary conviction—

(a) in England and Wales by a fine or (in the case of an individual) by imprisonment for a term not exceeding three months, or by both, or

(b) in Scotland or Northern Ireland by a fine not exceeding level 5 on the standard scale or (in the case of an individual) by imprisonment for a term not exceeding three months, or by both.

(2) But an offence is not punishable under this paragraph if—

(a) the enforcement authority has required a person to pay a penalty in respect of that offence under paragraph 4, and

(b) that penalty has been paid to the enforcement authority.

Civil penalties

4

(1) The enforcement authority may require a person to pay a penalty if the enforcement authority is satisfied, on a balance of probabilities, that the person has committed an offence mentioned in paragraph 1(1), (3), (4) or (5).

(2) But the enforcement authority may not require a person to pay a penalty if—

(a) the person shows that there was a reasonable excuse for committing the offence, or

(b) criminal proceedings have been instituted against the person in respect of the same offence.

(3) A penalty imposed under this paragraph may not exceed £50,000 per offence.

(4) The penalty is payable to the enforcement authority on demand.

Notification of penalty decision

5

(1) If the enforcement authority decides to require a person to pay a penalty under these Regulations, the enforcement authority must give the person a penalty notice.

(2) A penalty notice must—

(a) be in writing,

(b) state the enforcement authority's reasons for deciding to require the person to pay a penalty,

(d) specify the date on which it is given,

(e) specify the date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

(f) specify how a penalty must be paid,

(g) include an explanation of the steps that the person may take if the person objects to the penalty (including specifying the manner and form in which any notice of objection must be given to the enforcement authority), and

(h) include an explanation of the steps the enforcement authority may take to recover any unpaid penalty.

Objection to penalty decision

6

(1) The recipient of a penalty notice (the “recipient”) may object to the penalty notice by giving a notice of objection to the enforcement authority.

(2) A notice of objection must—

(a) give the reasons for the objection,

(b) be given to the enforcement authority in the manner and form specified in the penalty notice, and

(c) be given before the end of the period of 28 days beginning with the date specified in the penalty notice as the date on which it is given.

(3) Where the enforcement authority receives a notice of objection, the enforcement authority must consider it and—

(a) cancel the penalty,

(b) reduce the penalty,

(d) determine not to alter the penalty.

(4) After reaching a decision as to how to proceed under sub-paragraph (3), the enforcement authority must notify the recipient of the decision in writing.

(5) A notification under sub-paragraph (4) must be given before the end of the period of 70 days beginning with the date specified in the penalty notice as the date on which it is given, or such longer period as the enforcement authority may agree with the recipient.

(6) A notification under sub-paragraph (4), other than one notifying the recipient that the enforcement authority has decided to cancel the penalty, must—

(a) state the amount of the penalty following the enforcement authority's consideration of the notice of objection,

(b) state the enforcement authority's reasons for the decision under sub-paragraph (3),

(c) specify the date, at least 28 days after the date on which the notification is given, before which the penalty must be paid,

(d) specify how the penalty must be paid,

(e) include an explanation of the recipient's rights of appeal, and

(f) include an explanation of the steps the enforcement authority may take to recover any unpaid penalty.

(7) A notification under sub-paragraph (4) notifying the recipient that the enforcement authority has decided to cancel the penalty must state the enforcement authority's reasons for the decision under sub-paragraph (3).

Civil penalties: appeals

7

(1) A person (the “appellant”) may appeal to the court against a decision to require the person to pay a penalty under these Regulations.

(2) An appeal may be brought only if the appellant has given a notice of objection and the enforcement authority has—

(a) reduced the penalty under paragraph 6(3)(b),

(b) increased the penalty under paragraph 6(3)(c), or

(3) An appeal must be brought within the period of 28 days beginning with the date on which the person is notified of the enforcement authority's decision on the notice of objection under paragraph 6(4).

(4) On appeal, the court may—

(a) allow the appeal and cancel the penalty,

(b) allow the appeal and reduce the penalty, or

(5) An appeal—

(a) is to be a re-hearing of the enforcement authority's decision to impose a penalty, and

(b) may be determined having regard to matters of which the enforcement authority was unaware.

(6) Sub-paragraph (5)(a) has effect despite any provision of rules of court.

(7) In this paragraph, a reference to “the court” is a reference—

(a) in England and Wales, to the county court,

(b) in Scotland, to the sheriff, and

(8) But—

(a) the county court in England and Wales, or a county court in Northern Ireland, may transfer proceedings under this paragraph to the High Court, and

(b) the sheriff may transfer proceedings under this paragraph to the Court of Session.

PART 3 — Enforcement and other matters

Enforcement of penalty decision

8

(1) This paragraph applies where a sum is payable to the enforcement authority as a penalty under these Regulations.

(2) In England and Wales the penalty is recoverable as if it were payable under an order of the county court in England and Wales.

(3) In Scotland the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4) In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.

(5) Where action is taken under this paragraph for the recovery of a sum payable as a penalty under these Regulations, the penalty is—

(a) in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc.) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, to be treated for the purposes of article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (register of judgments) as if it were a judgment in respect of which an application has been accepted under article 22 or 23(1) of that Order.

Obstruction of officers and false statements

9

(1) A person must not—

(a) intentionally obstruct an officer when acting in pursuance of any provision of these Regulations,

(b) intentionally fail to comply with any requirement properly made by an officer under any provision of these Regulations, or

(c) without reasonable cause, fail to give an officer any other assistance or information which the officer may reasonably require of that person for the purposes of the exercise of the officer's functions under any provision of these Regulations.

(2) A person must not, in giving any information which is required of that person by virtue of sub-paragraph (1)(c)—

(a) make any statement which the person knows is false in a material particular, or

(b) recklessly make a statement which is false in a material particular.

Powers of search, etc.

10

(1) Officers may exercise any of the powers set out in sub-paragraph (2) at all reasonable hours provided the officers—

(a) identify themselves and produce authority in writing from the enforcement authority for the exercise by the officers of powers conferred on the authority by these Regulations, and

(b) state the purpose of the officers' actions and the grounds for undertaking them.

(2) The powers referred to in sub-paragraph (1) are as follows—

(a) an officer may for the purpose of ascertaining whether an offence under these Regulations has been committed—

(i) inspect any relevant products, and

(ii) enter any premises other than premises used wholly or mainly as a dwelling;

(b) if an officer has reasonable cause to suspect that an offence under these Regulations has been committed, the officer may, for the purpose of ascertaining whether it has been committed, require any person carrying on, or employed in connection with, a business to produce any records relating to the relevant products and the officer may take copies of those records or any part of them;

(c) if an officer has reasonable cause to suspect that an offence under these Regulations has been committed, the officer may seize and detain any relevant products for the purpose of ascertaining whether the offence has been committed;

(d) an officer may seize and detain any relevant products or records which the officer has reason to believe may be required as evidence in proceedings for an offence under these Regulations;

(e) an officer may, for the purpose of exercising the officer's powers of seizure under this sub-paragraph, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of these Regulations are duly observed, require any person having authority to do so to open any container and, if that person does not comply with the requirement or if there is no person present having authority to open it, the officer may break open the container.

(3) For the purposes of sub-paragraph (2), the officer may require information stored electronically to be made available in printed form.

(4) An officer may, for the purpose of ascertaining whether an offence has been committed under these Regulations, make a purchase of relevant products.

(5) If a justice is satisfied by any written information on oath—

(a) that there are reasonable grounds for believing either—

(i) that any relevant products or records, which an officer has power under this paragraph to inspect, copy, seize or require to be produced, is or are on any premises and that the inspection, copying, seizure or production of that item is likely to disclose evidence of the commission of an offence under these Regulations, or

(ii) that any offence under these Regulations has been, is being, or is about to be committed on any premises, and

(b) either—

(i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this sub-paragraph has been given to the occupier, or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await the occupier's return,

the justice may by warrant under the justice's hand, which continues in force for a period of one month, authorise an officer to enter the premises, if need be by force.

(6) On entering any premises by authority of a warrant granted under sub-paragraph (5), an officer must, if the occupier is present, give to the occupier or, if the occupier is temporarily absent, leave in a prominent place on the premises, or an appropriate part of the premises, a notice in writing—

(a) summarising an officer's powers of seizure and detention of any relevant products or records under this paragraph,

(b) explaining that compensation may be payable for damage caused in entering premises and seizing and removing any relevant products or records and giving the address to which an application for compensation should be directed, and

(c) indicating at which office of the enforcement authority and within which hours a copy of these Regulations is available to be consulted.

(7) An officer, when entering any premises by virtue of this paragraph, may be accompanied by such persons and take such equipment as appear to the officer to be necessary.

(8) An officer, when leaving any premises which the officer entered by virtue of a warrant, must, if the premises are unoccupied or the occupier is temporarily absent, leave them in as secure a state as that in which they were found.

(9) When exercising any power of seizure and detention under this paragraph, an officer must, as soon as practicable, give to the person against whom the power has been exercised, a written notice stating—

(a) precisely what has been so seized and detained,

(b) that an application for the release of a detained item may be made in accordance with paragraph 12 of this Schedule, and

(10) A person who is not an officer of the enforcement authority must not purport to act as such under this paragraph.

(11) In sub-paragraph (5), the reference to “any written information on oath” is to be construed, in the application of this paragraph to—

(a) Scotland, as a reference to any evidence on oath;

(b) Northern Ireland, as a reference to any complaint on oath.

(12) In this paragraph, “justice” means—

(a) in England and Wales, a justice of the peace,

(b) in Scotland, a sheriff or summary sheriff, and

Powers of customs officers to detain goods

11

(1) An Officer of Revenue and Customs may, for the purpose of facilitating the exercise by the enforcement authority, or duly authorised officer of the authority, of any powers conferred on the authority or officer by these Regulations seize any imported relevant products or any records, and detain them for not more than two working days.

(2) Anything seized and detained under this paragraph must be dealt with during the period of its detention in such manner as the Commissioners for Her Majesty's Revenue and Customs may direct.

(3) An Officer of Revenue and Customs seizing any relevant products or records under this paragraph must inform the person from whom they are seized that such relevant products or records have been seized.

(4) In sub-paragraph (1) the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the goods in question are seized, but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the goods are seized.

Applications for the release of detained items

12

(1) Any person having an interest in any relevant products or records detained for the time being under paragraph 10 may apply for an order requiring any item so detained to be released to the applicant or another person.

(2) An application under this paragraph may be made—

(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations in connection with the detained item,

(b) where no such proceedings have been so brought, by way of complaint to a magistrates' court, or

(3) A magistrates' court or the sheriff must not make an order under sub-paragraph (1) unless the court or sheriff is satisfied that—

(a) proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations in connection with the detained item or, having been brought, have been concluded, and

(b) where no such proceedings have been brought, more than six months have elapsed since the seizure was carried out.

(4) Any person aggrieved by an order made under this paragraph by a magistrates' court or sheriff, or by a decision of such a court or sheriff not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court,

(b) in Scotland, to the Sheriff Appeal Court as though it were an appeal under section 110(1) of the Courts Reform (Scotland) Act 2014 , or

(5) In England and Wales or in Northern Ireland, an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).

Compensation for seizure and detention

13

(1) Where an officer exercises any power under paragraph 10 to seize and detain any relevant products or records, the enforcement authority is liable to pay compensation to any person having an interest in the item seized and detained in respect of any loss or damage caused by the exercise of the power if—

(a) there has been no contravention of any provision of these Regulations, and

(b) the exercise of the power is not attributable to any neglect or default by that person.

(2) Any disputed question as to the right to, or the amount of, any compensation payable under this paragraph must be determined by arbitration—

(a) in England and Wales or Northern Ireland, in accordance with the Arbitration Act 1996 , or

(b) in Scotland, in accordance with the Arbitration (Scotland) Act 2010 .

Recovery of the expenses of enforcement

14

(1) This paragraph applies where a court convicts a person of an offence in respect of a contravention of any provision of these Regulations in relation to any relevant products or records.

(2) The court may (in addition to any other order it may make as to costs and expenses) order the person convicted to reimburse the enforcement authority for any expenditure which has been or may be incurred by that authority in connection with any seizure or detention by or on behalf of the authority of the relevant products or records.

Power of the Commissioners for Her Majesty's Revenue and Customs to disclose information

15

(1) If they think it appropriate to do so for the purpose of facilitating the exercise by any person to whom sub-paragraph (2) applies of any functions conferred on that person by any provisions of these Regulations, the Commissioners for Her Majesty's Revenue and Customs may authorise the disclosure to that person of any information obtained for the purposes of the exercise by the Commissioners of their functions in relation to imported goods.

(2) This sub-paragraph applies to the enforcement authority and to any officer authorised by the enforcement authority.

(3) A disclosure of information made to any person under sub-paragraph (1) must be made in such manner as may be directed by the Commissioners for Her Majesty's Revenue and Customs and may be made through such persons acting on behalf of that person as may be so directed.

(4) Information may be disclosed to a person under sub-paragraph (1) whether or not the disclosure of the information has been requested by or on behalf of that person.

Savings for certain privileges

16

Nothing in these Regulations is to be taken as requiring any person—

(a) to produce any records if that person would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, a claim of confidential communications, or as authorising any person to take possession of any records which are in the possession of a person who would be so entitled, or

(b) to answer any question or give any information if to do so would incriminate that person or that person's spouse or civil partner.

Savings for civil rights

17

A contract for the supply of relevant products is not void or unenforceable by reason only of a contravention of any provision of these Regulations.

SCHEDULE 5 — Other legislation for which penalties are applied

1

Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability .

2

Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles .

3

Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information .

4

Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users .

5

Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles .

6

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information .

7

Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor .

8

Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems .

SCHEDULE 6 — Consequential amendments and revocations

PART 1 — Consequential amendments

CHAPTER 1 — Primary legislation

Amendment of the Public Passenger Vehicles Act 1981

1

(1) Section 6 of the Public Passenger Vehicles Act 1981 (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) For subsection (3), substitute—

(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 is amended as follows.

(2) In section 67 (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 (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”—

(a) in paragraph (a)—

(i) in sub-paragraph (iii), omit the second “or”;

(ii) in sub-paragraph (iv), at the end, insert—

, 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) in sub-paragraph (ii), at the end, insert—

, or (iii) Article 36 or 37 of the road vehicles type approval Regulation;

(5) In section 85(1) (interpretation of Part II), 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,

(6) In section 86 (index to Part II), in the table, after the entry relating to “Road vehicles type approval Directive”, insert—

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 (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) in paragraph 1A, for sub-paragraph (2), substitute—

(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) in paragraph 1G, for sub-paragraph (1), substitute—

(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) for sub-paragraph (2), substitute—

(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) for sub-paragraph (2A) , substitute—

(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.

(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) In Part IB (light goods vehicles), in paragraph 1H, for sub-paragraph (2), substitute—

(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 (minor definitions: general) is amended as follows.

(2) For the definition of “EC certificate of conformity”, substitute—

“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) For the definition of “EC type-approval certificate”, substitute—

“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 2 — Secondary 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”;

“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”;

“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);

(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 ”;

(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 ”;

(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 ”;

(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 ”;

(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 ”;

(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;

(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);

(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;

“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 ”.

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

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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 ”;

(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,

(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 ”;

(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, ”;

(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,

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