text:
Citation and Commencement
1
These Rules may be cited as the Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003 and shall come into force on 13th October 2003.
PART 1
INTRODUCTION
Interpretation
2
1
In these Rules —
“applicant” means the party whom the adjudicator designates as such under rule 5 or under rule 24, or the party who makes a rectification application;
“hearing” means a sitting of the adjudicator for the purpose of enabling the adjudicator to reach or announce a substantive decision, but does not include a sitting of the adjudicator solely in the exercise of one or more of the following powers —
to consider an application, representation or objection made in the interim part of the proceedings;
to reach a substantive decision without an oral hearing; or
to consider whether to grant permission to appeal a decision or to stay the implementation of a decision pending the outcome of an appeal;
“matter” means the subject of either a reference or a rectification application;
“office copy” means an official copy of a document held or issued by a public authority;
“original application” means the application originally made to the registrar that resulted in a reference;
“proceedings” means, except in the expression “court proceedings”, the proceedings of the matter before the adjudicator but does not include any negotiations, communications or proceedings that occurred prior to the reference or rectification application;
“record of matters” means a record of references, rectification applications and certain other applications and decisions, kept in accordance with these Rules and in particular in accordance with rule 46;
“rectification application” means an application made to rectify or set aside a document under section 108(2) for determination of the matter by the adjudicator;
“reference” means a reference from the registrar to the adjudicator under section 73(7) for determination of the matter by the adjudicator;
“respondent” means the party or parties who the adjudicator designates as such under rule 5 or rule 24, or the party or parties making an objection to a rectification application;
“substantive decision” means a decision of the adjudicator on the matter or on any substantive issue that arises in it but does not include any direction in interim parts of the proceedings or any order as to costs or any order as to costs thrown away;
“substantive order” means an order or direction that records and gives effect to a substantive decision;
“ the Act ” means the Land Registration Act 2002 and a reference to a section by number alone is a reference to a section of the Act;
“witness statement” means a written statement signed by a witness containing the evidence that the witness intends to give; and
“working day” means any day other than a Saturday or Sunday, Christmas Day, Good Friday or any other bank holiday.
2
In these Rules a person has a document or other material in his possession or control if —
a
it is in his physical possession;
b
he has a right to possession of it; or
c
he has a right to inspect or take copies of it.
The overriding objective
3
1
The overriding objective of these Rules is to enable the adjudicator to deal with matters justly.
2
Dealing with a matter justly includes, so far as is practicable —
a
ensuring that the parties are on an equal footing;
b
saving expense;
c
dealing with the matter in ways that are proportionate —
i
to the value of the land or other interests involved;
ii
to the importance of the matter;
iii
to the complexity of the issues in the matter; and
iv
to the financial position of each party; and
d
ensuring that the matter is dealt with expeditiously and fairly.
3
The adjudicator must seek to give effect to the overriding objective when he —
a
exercises any power given to him by these Rules; or
b
interprets these Rules.
4
The parties are required to help the adjudicator to further the overriding objective.
PART 2
REFERENCES TO THE ADJUDICATOR
Scope of this Part
4
The rules in this Part apply to references.
Notice of receipt by the adjudicator of a reference
5
Following receipt by the adjudicator of a reference, the adjudicator must —
a
enter the particulars of the reference in the record of matters; and
b
serve on the parties notice in writing of —
i
the fact that the reference has been received by the adjudicator;
ii
the date when the adjudicator received the reference;
iii
the matter number allocated to the reference;
iv
the name and any known address and address for service of the parties to the proceedings; and
v
which party will be the applicant for the purposes of the proceedings and which party or parties will be the respondent.
Direction to commence court proceedings under section 110(1)
6
Where the adjudicator intends to direct a party to commence court proceedings under section 110(1), the parties may make representations or objections but any representations or objections must be concerned with one or more of the following —
a
whether the adjudicator should make such a direction;
b
which party should be directed to commence court proceedings;
c
the time within which court proceedings should commence; and
d
the questions the court should determine.
Notification to the adjudicator of court proceedings following a direction to commence court proceedings under section 110(1)
7
1
In this Part —
“the date that the matter before the court is finally disposed of” means the earliest date by which the court proceedings relating to the matter or on the relevant part (including any court proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired;
“the relevant part” means the part of the matter in relation to which the adjudicator has directed a party under section 110(1) to commence court proceedings; and
“the final court order” means the order made by the court that records the court’s final determination (on appeal or otherwise).
2
A party who has been directed to commence court proceedings under section 110(1) must serve on the adjudicator —
a
within 14 days of the commencement of the court proceedings, a written notice stating —
i
that court proceedings have been issued in accordance with directions given by the adjudicator;
ii
the date of issue of the court proceedings;
iii
the names and any known addresses of the parties to the court proceedings;
iv
the name of the court at which the court proceedings will be heard; and
v
the case number allocated to the court proceedings;
b
within 14 days of the date of the court’s decision on any application for an extension of time, a copy of that decision; and
c
within 14 days of the date that the matter before the court is finally disposed of, a copy of the final court order.
Adjournment of proceedings before the adjudicator following a direction to commence court proceedings on the whole of the matter under section 110(1)
8
1
This rule applies where the adjudicator has directed a party under section 110(1) to commence court proceedings for the court’s decision on the whole of the matter.
2
Once he has received notice under rule 7(2)(a) that court proceedings have been issued, the adjudicator must adjourn all of the proceedings before him pending the outcome of the court proceedings.
3
Once he has received a copy of the final court order and unless the court directs otherwise, the adjudicator must close the proceedings before him without making a substantive decision.
Adjournment of proceedings before the adjudicator following a direction to commence court proceedings on part of the matter under section 110(1)
9
1
This rule applies where the adjudicator has directed a party under section 110(1) to commence court proceedings for the court’s decision on the relevant part.
2
Once he has received notice under rule 7(2)(a) that court proceedings have been issued in relation to the relevant part, the adjudicator —
a
must adjourn the proceedings before him in relation to the relevant part, pending the outcome of the court proceedings; and
b
unless the court directs otherwise, must not make a substantive decision on the relevant part.
3
Once he has received a copy of the final court order on the relevant part and unless the court directs otherwise, the adjudicator must close the proceedings before him in relation to the relevant part without making a substantive decision on that relevant part.
4
The adjudicator may adjourn the proceedings in relation to any other part of the matter before him pending the outcome of the court proceedings.
5
While the court proceedings are still ongoing, the party directed to commence court proceedings must notify the court of any substantive decision made by the adjudicator within 14 days of service on that party of the substantive decision.
Notification where court proceedings are commenced otherwise than following a direction to commence court proceedings under section 110(1)
10
Where a party commences or has commenced court proceedings otherwise than following a direction under section 110(1) and those court proceedings concern or relate to the matter before the adjudicator, that party must serve —
a
on the adjudicator within 14 days of the commencement of the court proceedings or, if later, within 7 days of service on that party of notification of the reference under rule 5(b), a written notice stating —
i
that court proceedings have been issued;
ii
the way and the extent to which the court proceedings concern or relate to the matter before the adjudicator;
iii
the date of issue of the court proceedings;
iv
the names and any known addresses of the parties to the court proceedings;
v
the name of the court at which the court proceedings will be heard; and
vi
the case number allocated to the court proceedings;
b
on the adjudicator within 14 days of the date that the matter before the court is finally disposed of, a copy of the final court order; and
c
on the court within 14 days of service on that party of such a decision, a copy of any substantive decision made by the adjudicator on the matter.
Adjournment of proceedings before the adjudicator where court proceedings are commenced otherwise than following a direction to commence court proceedings under section 110(1)
11
Where court proceedings are commenced otherwise than following a direction to commence court proceedings under section 110(1), the adjudicator may adjourn the whole or part of the proceedings before him pending the outcome of the court proceedings.
Applicant’s statement of case and documents
12
Unless otherwise directed by the adjudicator, the applicant must serve on the adjudicator and each of the other parties within 28 days of service of the notification of the reference under rule 5(b) —
a
his statement of case which must be in accordance with rule 14; and
b
a copy of all of the documents listed in the list of documents contained in his statement of case in accordance with rule 47.
Respondent’s statement of case and documents
13
The respondent must serve on the adjudicator and each of the other parties within 28 days of service of the applicant’s statement of case —
a
his statement of case which must be in accordance with rule 14; and
b
a copy of all of the documents listed in the list of documents contained in his statement of case in accordance with rule 47.
Statement of case
14
1
Where under these Rules a party is required to provide a statement of case, that statement of case must be in writing and must include —
a
the name of the party and confirmation of the party’s address for service;
b
the party’s reasons for supporting or objecting to the original application;
c
the facts on which the party intends to rely in the proceedings;
d
a list of documents in accordance with rule 47 on which the party intends to rely in the proceedings; and
e
a list of witnesses that the party intends to call to give evidence in support of the party’s case.
2
If in relation to part only of the matter —
a
a party has been directed to commence or has commenced court proceedings; or
b
the adjudicator has adjourned proceedings before him,
the adjudicator may direct that the statement of case should contain the information specified in paragraphs (1)(b) to (1)(e) inclusive only in relation to the part of the matter that is not before the court for the court’s decision or has not been adjourned before the adjudicator.
PART 3
RECTIFICATION APPLICATION TO THE ADJUDICATOR TO RECTIFY OR SET ASIDE DOCUMENTS
Scope of this Part
15
The rules in this Part apply to rectification applications.
Form and contents of a rectification application
16
1
A rectification application must —
a
be made in writing;
b
be dated and signed by the applicant or the applicant’s duly authorised representative;
c
be addressed to the adjudicator;
d
include the following information —
i
the name and address of the person or persons against whom the order is sought;
ii
details of the remedy being sought;
iii
the grounds on which the rectification application is based;
iv
in accordance with rule 47 a list of documents on which the party intends to rely to support the rectification application;
v
a list of witnesses that the party intends to call to give evidence in support of the rectification application; and
vi
the applicant’s name and address for service;
e
include the following copies —
i
a copy of each of the documents listed in the party’s list of documents; and
ii
a copy of the document to which the rectification application relates, or if a copy is not available, details of the document, which must include if available, its nature, its date, the parties to it and any version number or other similar identification number or code that it has; and
f
be served on the adjudicator.
2
Following receipt by the adjudicator of a rectification application, the adjudicator must enter the particulars of the rectification application in the record of matters.
3
If, having considered the rectification application and made any enquiries he thinks necessary, the adjudicator is satisfied that it is groundless, he must reject the rectification application.
Notice of a rectification application
17
1
This rule does not apply where the adjudicator has rejected a rectification application under rule 16(3).
2
Where a rectification application has been received by the adjudicator, he must serve on the person against whom the order is sought and on any other person who, in the opinion of the adjudicator, should be a party to the proceedings —
a
written notice of the rectification application; and
b
a copy of the rectification application.
3
The adjudicator must specify in the notice under paragraph (2)(a) that if a party receiving the notice has any objection to the rectification application and that party wishes to lodge an objection, he must lodge his objection within 28 days of service of the notice under paragraph (2)(a).
Objection to a rectification application
18
A person lodges an objection under rule 17(3) if within 28 days of service of the notice under rule 17(2)(a) he serves —
a
on the adjudicator —
i
a written statement addressed to the adjudicator and dated and signed by the person lodging the objection or his duly authorised representative setting out the grounds for the objection;
ii
in accordance with rule 47 a list of documents on which the party intends to rely to support his objection;
iii
a copy of each of the documents listed in the list of documents;
iv
a written list of witnesses that the party intends to call to give evidence in support of the objection; and
v
written confirmation of his name and address for service; and
b
on the other parties a copy of all the information and documents served on the adjudicator under sub-paragraph (a).
PART 4
PREPARATION FOR DETERMINATION OF REFERENCES AND RECTIFICATION APPLICATIONS
Scope of this Part
19
This Part sets out the procedure for the preparation for the determination of references and rectification applications.
Directions
20
The adjudicator may at any time, on the application of a party or otherwise, give directions, including (but not limited to) such as are provided for in these Rules, to enable the parties to prepare for the hearing or to assist the adjudicator to conduct the proceedings or to determine the whole or part of the matter or any question of dispute in the proceedings without a hearing.
Form of directions
21
1
Any direction made by the adjudicator must be —
a
in writing;
b
dated; and
c
except in the case of requirement notices under rule 28, served by him on —
i
every party to the proceedings;
ii
where the person who made the application, representation or objection that resulted in the direction was not a party, that person; and
iii
where the direction requires the registrar to take action, the registrar.
2
Directions containing a requirement must include a statement of the possible consequences of failure to comply with the requirement within any time limit specified by these Rules, or imposed by the adjudicator.
3
Directions requiring a party to provide or produce a document or any other material may require the party to provide or produce it to the adjudicator or to another party or both.
Consolidating proceedings
22
Where a reference or rectification application is related to another reference or rectification application and in the opinion of the adjudicator it is appropriate or practicable to do so, the adjudicator may direct that any or all of those related references or rectification applications be dealt with together.
Intention to appear
23
The adjudicator may give directions requiring a party to state whether that party intends to —
a
attend or be represented at the hearing; and
b
call witnesses.
Addition and substitution of parties
24
1
The adjudicator may give one or more of the following directions —
a
that any person be added as a new party to the proceedings, if it appears to the adjudicator desirable for that person to be made a party;
b
that any person cease to be a party to the proceedings, if it appears to the adjudicator that it is not desirable for that person to remain a party; and
c
that a new party be substituted for an existing party, if —
i
the existing party’s interest or liability has passed to the new party; and
ii
it appears to the adjudicator desirable to do this to enable him to resolve the whole or part of the matter or any question of dispute in the proceedings.
2
If the adjudicator directs that a new party is to be added to the proceedings, the adjudicator must specify —
a
whether the new party is added as an applicant or a respondent; and
b
how the new party is to be referred to.
3
Each new party must be given a single identification that should be in accordance with the order in which they joined the proceedings, for example “second applicant” or “second respondent”.
4
If the adjudicator directs that a new party is to be substituted for an existing party, the adjudicator must specify which party the new party is to substitute, for example “respondent” or “second applicant”.
5
The adjudicator must serve on each new party a copy of each of the following —
a
the applicant’s statement of case and copy documents served on the adjudicator under rule 12 or the applicant’s rectification application served on the adjudicator under rule 16(1); and
b
the respondent’s statement of case and copy documents served on the adjudicator under rule 13 or the documents and information served by the respondent on the adjudicator under rule 18(a).
6
If the new party is added to or substituted for parties to proceedings on a reference, the new party must serve on the adjudicator and each of the other parties within 28 days of service on him of the documents specified in paragraph (5) —
a
his statement of case which must be in accordance with rule 14; and
b
copies of documents contained in his list of documents, which must be in accordance with rule 47.
7
If the new party is added to or substituted for parties to proceedings on a rectification application, the new party must serve on the adjudicator and each of the other parties, within 28 days of service on him of the documents specified in paragraph (5) —
a
if the new party is added or substituted as an applicant, his rectification application which must be in accordance with rule 16(1); or
b
if the new party is added or substituted as a respondent, his objection to the rectification application which must be in accordance with rule 18(a).
8
If a continuing party wishes to respond to the documents specified in paragraph (6) or (7), he may apply to the adjudicator for leave to do so.
9
If the adjudicator grants the requested leave to respond, the adjudicator must require the party requesting leave to respond to serve a copy of his response on the adjudicator and all other parties.
10
Following the addition or substitution of parties and if it is necessary to do so, the adjudicator may give consequential directions, including for —
a
the preparation and updating of a list of parties;
b
the delivery and service of documents; and
c
the waiver of the requirement to supply copies of documents listed in the new party’s list of documents where copies have already been served on the adjudicator in the course of the proceedings.
Further information, supplementary statements and further responses to statements of case
25
The adjudicator may give directions requiring a party to provide one or more of the following —
a
a statement of the facts in dispute or issues to be decided;
b
a statement of the facts on which that party intends to rely and the allegations he intends to make;
c
a summary of the arguments on which that party intends to rely; and
d
such further information, responses to statements of case or supplementary statements as may reasonably be required for the determination of the whole or part of the matter or any question in dispute in the proceedings.
Witness statements
26
The adjudicator may give directions requiring a party to provide a witness statement made by any witness on whose evidence that party intends to rely in the proceedings.
Disclosure and inspection of documents
27
1
Any document or other material supplied to the adjudicator or to a party under this rule or under rule 28 may only be used for the purpose of the proceedings in which it was disclosed.
2
The adjudicator may give directions requiring a party who has a document or other material in his possession or control —
a
to deliver to the adjudicator the original or a copy of that document or other material and, if the adjudicator thinks necessary, to supply copies of that document or material to another party; or
b
to permit another party to inspect and take copies of that document or other material and specifying the time and place for disclosure and inspection of that document or other material.
Requirement notices
28
1
The adjudicator may, at any time, require the attendance of any person to give evidence or to produce any document or other material specified by the adjudicator which is in that person’s possession or control.
2
The adjudicator must make any such requirement in a requirement notice.
3
The requirement notice must be in the form specified by the adjudicator provided that the requirement notice —
a
is in writing;
b
identifies the person who must comply with the requirement;
c
identifies the matter to which the requirement relates;
d
states the nature of the requirement being imposed by the adjudicator;
e
specifies the time and place at which the adjudicator requires the person to attend and, if appropriate, produce any document or other material; and
f
includes a statement of the possible consequences of failure to comply with the requirement notice.
4
The party on whose behalf it is issued must serve the requirement notice.
5
Subject to paragraph (6) a requirement notice will be binding only if, not less than 7 working days before the time that the person is required to attend —
a
the requirement notice is served on that person; and
b
except in the case where that person is a party to the proceedings, the necessary expenses of his attendance are offered and (unless he has refused the offer of payment of his expenses) paid to him.
6
At any time before the time that the person is required to attend, that person and the party on whose behalf the requirement notice is issued may substitute a shorter period for the period of 7 working days specified in paragraph (5) by —
a
agreeing in writing such shorter period; and
b
before the time that the person is required to attend, serving a copy of that agreement on the adjudicator.
7
Where a requirement has been imposed on a person under paragraph (1), that person may apply to the adjudicator for the requirement to be varied or set aside.
8
Any application made under paragraph (7) must be made to the adjudicator before the time when the person is to comply with the requirement to which the application under paragraph (7) relates.
Estimate of length of hearing
29
The adjudicator may require the parties to provide an estimate of the length of the hearing.
Site inspections
30
1
In this rule —
“the appropriate party” is the party who is in occupation or has ownership or control of the property;
“the property” is the land or premises that the adjudicator wishes to inspect for the purposes of determining the whole or part of the matter; and
“a request for entry” is a written request from the adjudicator to the appropriate party, requesting permission for the adjudicator to enter onto and inspect the property and such a request may include a request to be accompanied by one or more of —
another party;
such number of the adjudicator’s officers or staff as he considers necessary; and
if a member of the Council on Tribunals informs the adjudicator that he wishes to attend the inspection, that member.
2
The adjudicator, at any time for the purpose of determining the whole or part of the matter, may serve a request for entry on an appropriate party.
3
The request for entry must specify a time for the entry that, unless otherwise agreed in writing by the appropriate party, must be not earlier than 7 days after the date of service of the request for entry.
4
The adjudicator must serve a copy of the request for entry on any party (other than the appropriate party) and any member of the Council on Tribunals named in the request for entry and, if reasonably practicable to do so in the circumstances, must notify them of any change in the time specified.
5
If the adjudicator makes a request for entry and the appropriate party withholds or refuses his consent to the whole or part of the request without reasonable excuse, the adjudicator may take such refusal into account when making his substantive decision.
6
If a request for entry includes a request for a member of the Council on Tribunals to accompany the adjudicator and the appropriate party consents to the presence of that member, then that member shall be entitled to attend the site inspection but must not take an active part in the inspection.
Preliminary issues
31
1
At any time and on the application of a party or of his own motion, the adjudicator may dispose of any matter or matters that are in dispute as a preliminary issue.
2
If in the opinion of the adjudicator the decision on the preliminary issue will dispose of the whole of the matter then the decision on the preliminary issue must be —
a
made in accordance with the provisions in these Rules on substantive decisions; and
b
treated as a substantive decision.
PART 5
HEARINGS AND SUBSTANTIVE DECISIONS
Scope of this Part
32
This Part sets out the procedure for determination of references and rectification applications, the format of substantive decisions and substantive orders and rules on costs.
Substantive decision without a hearing
33
1
There is a presumption that a substantive decision is made following a hearing.
2
Subject to paragraph (1), the adjudicator may make a substantive decision without a hearing if —
a
he is satisfied that there is no important public interest consideration that requires a hearing in public; and
b
unless paragraph (3) applies, he has served written notice on the parties in accordance with these Rules that he intends to make a substantive decision without a hearing or that he has received an application requesting that the substantive decision be made without a hearing and —
i
the parties agree to the substantive decision being made without a hearing; or
ii
the parties fail to object within the specified period for objection to the substantive decision being made without a hearing.
3
The adjudicator is not required to serve notice under paragraph (2)(b) if all parties have requested the adjudicator to make the substantive decision without a hearing.
Notice of hearing
34
1
Where the adjudicator is to hold a hearing, he must serve written notice of his intention to hear on such parties as he considers necessary.
2
The adjudicator must specify in the notice under paragraph (1), the date, time and location of the hearing.
3
The adjudicator must serve the notice under paragraph (1) —
a
no later than 28 days before the hearing; or
b
before the expiry of such shorter notice period as agreed by all the parties on whom he intends to serve notice under paragraph (1).
Representation at the hearing
35
1
At the hearing a party may conduct his case himself or, subject to paragraph (2), be represented or assisted by any person, whether or not legally qualified.
2
If, in any particular case, the adjudicator is satisfied that there is sufficient reason for doing so, he may refuse to permit a particular person to represent or assist a party at the hearing.
Publication of hearings
36
The adjudicator must publish details of all listed hearings at the office of the adjudicator and, if different, the venue at which the hearing is to take place.
Attendance at hearings by members of the Council on Tribunals
37
A member of the Council on Tribunals shall be entitled to attend any hearing of the adjudicator whether or not it is in private, but shall take no part in the hearing or in the deliberations on the matter.
Absence of parties
38
1
If any party does not attend and is not represented at any hearing of which notice has been served on him in accordance with these Rules, the adjudicator —
a
may proceed with the hearing and reach a substantive decision in that party’s absence if —
i
the adjudicator is not satisfied that any reasons given for the absence are justified;
ii
the absent party consents; or
iii
it would be unjust to adjourn the hearing; or
b
must otherwise adjourn the hearing.
2
Following a decision by the adjudicator under paragraph (1) to proceed with or adjourn the hearing, the adjudicator may make such consequential directions as he sees fit.
Substantive decision of the adjudicator
39
1
Where there is a hearing, the substantive decision of the adjudicator may be given orally at the end of the hearing or reserved.
2
A substantive decision of the adjudicator, whether made at a hearing or without a hearing, must be recorded in a substantive order.
3
The adjudicator may not vary or set aside a substantive decision.
Substantive orders and written reasons
40
1
A substantive order must —
a
be in writing;
b
be dated;
c
be signed by the adjudicator;
d
state the substantive decision that has been reached;
e
state any steps that must be taken to give effect to that substantive decision; and
f
state the possible consequences of a party’s failure to comply with the substantive order within any specified time limits.
2
The substantive order must be served by the adjudicator on —
a
every party to the proceedings; and
b
where the substantive order requires the registrar to take action, the registrar.
3
A substantive order requiring a party to provide or produce a document or any other material may require the party to provide or produce it to any or all of the adjudicator, the registrar or another party.
4
Unless the adjudicator directs otherwise, the substantive order must be publicly available.
5
Where the substantive order is publicly available, the adjudicator may provide copies of it to the public on request.
6
The adjudicator must give in writing to all parties his reasons for —
a
his substantive decision; and
b
any steps that must be taken to give effect to that substantive decision.
7
The adjudicator’s reasons referred to in paragraph (6) need not be given in the substantive order.
Substantive orders on a reference that include requirements on the registrar
41
1
Where the adjudicator has made a substantive decision on a reference, the substantive order giving effect to that substantive decision may include a requirement on the registrar to —
a
give effect to the original application in whole or in part as if the objection to that original application had not been made; or
b
cancel the original application in whole or in part.
2
A requirement on the registrar under this rule may include —
a
a condition that a specified entry be made on the register of any title affected; or
b
a requirement to reject any future application of a specified kind by a named party to the proceedings —
i
unconditionally; or
ii
unless that party satisfies specified conditions.
Costs
42
1
In this rule —
a
“all the circumstances” are all the circumstances of the proceedings and include —
i
the conduct of the parties during (but not prior to) the proceedings;
ii
whether a party has succeeded on part of his case, even if he has not been wholly successful; and
iii
any representations made to the adjudicator by the parties; and
b
the conduct of the parties during the proceedings includes —
i
whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;
ii
the manner in which a party has pursued or defended his case or a particular allegation or issue; and
iii
whether a party who has succeeded in his case in whole or in part exaggerated his case.
2
The adjudicator may, on the application of a party or of his own motion, make an order as to costs.
3
In deciding what order as to costs (if any) to make, the adjudicator must have regard to all the circumstances.
4
An order as to costs may —
a
require a party to pay the whole or such part of the costs of another party and —
i
specify a fixed sum or proportion to be paid; or
ii
specify that the costs are to be assessed by the adjudicator if not agreed; and
b
specify the time within which the costs are to be paid.
5
An order as to costs must be recorded in a costs order.
6
A costs order must —
a
be in writing;
b
be dated;
c
be signed by the adjudicator;
d
state the order as to costs; and
e
be served by the adjudicator on the parties.
7
Where the costs are to be assessed by the adjudicator, he may assess the costs —
a
on the standard basis; or
b
on the indemnity basis,
but in either case the adjudicator will not allow costs that have been unreasonably incurred or are unreasonable in amount.
8
The adjudicator must inform the parties of the basis on which he will be assessing the costs.
9
Where the amount of the costs are to be assessed on the standard basis, the adjudicator must —
a
only allow costs which are proportionate to the matters in issue; and
b
resolve any doubt that he may have as to whether costs were reasonably incurred or reasonable and proportionate in favour of the paying party.
10
In deciding whether costs assessed on the standard basis were either proportionately and reasonably incurred or proportionate and reasonable in amount, the adjudicator must have regard to all the circumstances.
11
Where the amount of the costs are to be assessed on the indemnity basis, the adjudicator must resolve any doubt that he may have as to whether costs were reasonably incurred or were reasonable in amount in favour of the paying party.
12
In deciding whether costs assessed on the indemnity basis were either reasonably incurred or reasonable in amount, the adjudicator must have regard to all the circumstances.
13
Once the adjudicator has assessed the costs, he must serve on the parties written notice —
a
of the amount which must be paid;
b
by whom and to whom the amount must be paid; and
c
if appropriate, the time by when the amount must be paid.
Costs thrown away
43
1
In this rule —
“costs thrown away” means costs of the proceedings resulting from any neglect or delay of the legal representative during (but not prior to) the proceedings and which —
have been incurred by a party; or
have been —
paid by a party to another party; or
awarded to a party,
under an order made under rule 42;
“an order as to costs thrown away” means an order requiring the legal representative concerned to meet the whole or part of the costs thrown away; and
“the legal representative” means the legally qualified representative of a party.
2
The adjudicator may, on the application of a party or otherwise, make an order as to costs thrown away provided the adjudicator is satisfied that —
a
a party has incurred costs of the proceedings unnecessarily as a result of the neglect or delay of the legal representative; and
b
it is just in all the circumstances for the legal representative to compensate the party who has incurred or paid the costs thrown away, for the whole or part of those costs.
3
If the adjudicator has received an application for or proposes to make an order as to costs thrown away, he may give directions to the parties and the legal representative about the procedure to be followed to ensure that the issues are dealt with in a way that is fair and as simple and summary as the circumstances permit.
4
An order as to costs thrown away may —
a
specify the amount of costs to be paid by the legal representative; and
b
if the adjudicator considers it appropriate, specify the time within which the costs are to be paid.
5
An order as to costs thrown away must be recorded in a costs thrown away order.
6
A costs thrown away order must —
a
be in writing;
b
be dated;
c
be signed by the adjudicator;
d
state the order as to costs thrown away; and
e
be served by the adjudicator on the parties and the legal representative.
PART 6
APPEALS FROM ADJUDICATOR
Scope of this Part
44
This Part contains provisions in relation to appeals to the High Court of decisions by the adjudicator and includes provisions about the adjudicator staying implementation of his decision pending the outcome of an appeal.
Appeals to the High Court
45
1
Where a party is granted permission to appeal, the adjudicator may, of his own motion or on the application of a party, stay the implementation of the whole or part of his decision pending the outcome of the appeal.
2
A party who wishes to apply to the adjudicator to stay the implementation of the whole or part of a decision pending the outcome of the appeal must make such an application to the adjudicator at the same time that he applies to the adjudicator for permission to appeal.
3
Where a party applies under paragraph (2) to the adjudicator to stay implementation of the whole or part of a decision, that party must at the same time provide reasons for the application.
4
Before reaching a decision as to whether to grant permission to appeal a decision or to stay implementation of a decision, the adjudicator must allow the parties the opportunity to make representations or objections.
5
The adjudicator must serve written notice on the parties of any decision that he makes as to whether to grant permission to appeal or to stay the implementation of the whole or part of his decision pending the outcome of the appeal.
6
Where the adjudicator’s decision to grant permission to appeal or to stay implementation of a decision relates to a decision contained in a substantive order, the adjudicator must serve on the registrar a copy of the notice under paragraph (5).
7
The notice under paragraph (5) must —
a
be in writing;
b
be dated;
c
specify the decision made by the adjudicator;
d
include the adjudicator’s reasons for his decision; and
e
be signed by the adjudicator.
PART 7
GENERAL
Record of matters
46
1
The adjudicator must keep at his principal office a record of matters that records the particulars of all —
a
references;
b
rectification applications;
c
substantive decisions; and
d
all applications and decisions made under rule 45.
2
Subject to paragraph (3), the record of matters must be open to the inspection of any person without charge at all reasonable hours on working days.
3
Where the adjudicator is satisfied that it is just and reasonable to do so, the adjudicator may exclude from inspection any information contained in the record of matters.
4
Depending on all the circumstances, it may be just and reasonable for the adjudicator to exclude from inspection any information contained in the record of matters if it is in the interest of morals, public order, national security, juveniles or the protection of the private lives of the parties to the proceedings, or where the adjudicator considers that publicity would prejudice the interests of justice.
List of documents and documents
47
1
For the purposes of these Rules, a list of documents must be in writing and must contain the following information where available in relation to each document —
a
a brief description of the nature of the document;
b
whether the document is in the possession or control of the party;
c
whether the document is an original, a copy certified to be a true copy of the original, an office copy or another type of copy;
d
the date of the document;
e
the document parties or the original author and recipient of the document; and
f
the version number or similar identification number or code of the document.
2
Unless the adjudicator otherwise permits, where a document provided for the purposes of the proceedings is or contains a coloured map, plan or drawing, any copy provided of that map, plan or drawing must be in the same colours as the map, plan or drawing of which it is a copy (so for example, where a plan shows the boundary of a property in red, a copy of the plan must also show the boundary in red).
Evidence
48
1
The adjudicator may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
2
No person may be compelled to give any evidence or produce any document or other material that that person could not be compelled to give or produce on a trial of an action in a court of law in England and Wales.
Expert evidence
49
No party may call an expert, or submit an expert’s report as evidence, without the adjudicator’s permission.
Service of documents
50
1
A party’s address for service must be a postal address in England and Wales.
2
The address for service in paragraph (1) must be either that of the party or of the party’s representative who has been appointed as his representative for the purposes of the proceedings.
3
A party’s address for service remains that party’s address for service for the purposes of these Rules unless and until he serves on the adjudicator and the other parties notice of a different address for service.
4
Any document to be served on or delivered to any person (other than the adjudicator) under these Rules may only be served —
a
by first class post to his postal address given as his address for service;
b
by leaving it at his address for service;
c
subject to paragraph (5), by document exchange;
d
subject to paragraph (6), by fax;
e
subject to paragraph (7), by email; or
f
where no address for service has been given, by post to or leaving it at his registered office, principal place of business, head or main office or last known address, as appropriate.
5
A document may be served on any person other than the adjudicator by document exchange in England and Wales if, in advance, the recipient has informed the adjudicator and all parties in writing —
a
that the recipient is willing to accept service by document exchange; and
b
of the box number at the document exchange to which the documents should be addressed.
6
A document may be served by fax on any person other than the adjudicator, to a fax number at the address for service for that person if, in advance, the recipient has informed the adjudicator and all parties in writing —
a
that the recipient is willing to accept service by fax; and
b
of the fax number to which the documents should be sent.
7
A document may be served by email on any person other than the adjudicator, if, in advance, the recipient has informed the adjudicator and all parties in writing —
a
that the recipient is willing to accept service by email;
b
of the email address to which documents should be sent, which shall be deemed to be at the recipient’s address for service; and
c
if the recipient wishes to so specify, the format in which documents must be sent.
8
Any document addressed to the adjudicator must be sent —
a
by first class post to an address specified by the adjudicator; or
b
by such other method as the adjudicator may specify, including document exchange, fax or email.
9
Where under paragraph (8)(b) the adjudicator specifies another method of service, the adjudicator may —
a
specify that that method may be used generally or only in relation to a certain document or documents;
b
specify that the specified method is no longer available or substitute that specified method with another specified method; and
c
make such directions in relation to the use of the specified method as he deems appropriate.
10
Any document served on an unincorporated body may be sent to its secretary, manager or similar officer duly authorised to accept such service.
11
Any document which is served in accordance with this rule shall be regarded as having been served on the day shown in the table below —
Method of service Day of service
First class post to a postal address within England and Wales The second working day after it was posted. Leaving it at a postal address within England and Wales The working day after it was left. Document exchange within England and Wales The second working day after it was left at the document exchange. Fax The working day after it was transmitted. Email The working day after it was transmitted.
12
The adjudicator may direct that service under these Rules of any document may be dispensed with and in those circumstances may make such consequential directions as he deems appropriate.
Applications, actions by the adjudicator of his own motion, notification, representations and objections
51
1
This rule does not apply to Part 3 and rule 45.
2
An application to the adjudicator must —
a
be in writing;
b
state the name of the person applying or on whose behalf the application is made;
c
be addressed to the adjudicator;
d
state the nature of the application;
e
state the reason or reasons for the application; and
f
if any of the parties or persons who would be affected by the application consent to it, either —
i
be signed by all the parties or persons who consent or their duly authorised representatives; or
ii
have attached to it a copy of their written consent.
3
The adjudicator may dispense with any or all of the requirements under paragraph (2) —
a
in relation to an application made to the adjudicator at a time when all persons who would be affected by the application are present before the adjudicator; or
b
if the adjudicator otherwise considers it appropriate or practicable to do so.
4
For the purposes of paragraph (2)(f), the written consent referred to in that paragraph may be in the form of a letter, fax or email.
5
If an application is not consented to by all persons who will be affected by the application then, subject to paragraph (10), the adjudicator must serve written notice on persons who have not consented to the application but who would be affected by it.
6
In the notice under paragraph (5) the adjudicator must state —
a
that the application has been made;
b
details of the application;
c
that the person has a right to make written objections to or representations about the application; and
d
the period within which such objections or representations must be lodged with the adjudicator.
7
If the adjudicator intends to act of his own motion under these Rules then, subject to paragraph (10), he must serve written notice of his intention on all persons who will be affected by the action.
8
In the notice under paragraph (7) the adjudicator must state —
a
that the adjudicator intends to take action of his own motion;
b
the action the adjudicator intends to take;
c
that a person has a right to make written objections or representations to the action that the adjudicator intends to take; and
d
the period within which such objections or representations must be lodged with the adjudicator.
9
A person lodges an objection or representation if within the specified period he serves —
a
on the adjudicator a written statement setting out the grounds for his objection or representation; and
b
on all the other persons who will be affected by the action a copy of the written statement served on the adjudicator under sub-paragraph (a).
10
The adjudicator shall not be required to serve notice under paragraphs (5) and (7) if, in the circumstances, he does not consider it appropriate or practicable to do so.
11
Paragraph (10) does not apply to notices required to be served by rule 33.
Consideration by the adjudicator of applications (including applications for directions), representations and objections
52
1
In relation to any application, representation or objection made to the adjudicator, unless —
a
the adjudicator is satisfied that it is frivolous or vexatious; or
b
it is received by the adjudicator after the expiry of any time limit specified for making that application, representation or objection,
the adjudicator must consider all applications, representations or objections made to him.
2
If an application, representation or objection is received by the adjudicator after the expiry of any time limit specified for making it, the adjudicator may consider the application, representation or objection, but he is not bound to do so.
3
In considering any application, representation or objection, the adjudicator must make all enquiries he thinks necessary and must, if required by these Rules or if he considers it necessary, give the person making the application, representation or objection and the parties or other persons who will be affected by it the opportunity to appear before him or to submit written representations.
4
The adjudicator may decide to accept or reject an application, representation or objection in whole or in part.
5
Following his consideration of any applications, representations or objections that are made to him, the adjudicator must notify the person who made the application, representation or objection and the parties and any other persons who will be affected by it, of his decision in accordance with these Rules.
Adjournment
53
In addition to the powers and obligations to adjourn proceedings contained in Part 2 and rule 38, the adjudicator may adjourn the whole or part of the proceedings when and to the extent that he feels it reasonable to do so.
Power to vary or set aside directions
54
Subject to these Rules, the adjudicator may at any time, on the application of a party or otherwise, vary or set aside directions made under these Rules.
Failure to comply with a direction
55
1
Where a party has failed to comply with a direction given by the adjudicator (including a direction to commence court proceedings under section 110(1)) the adjudicator may impose a sanction on the defaulting party —
a
on the application of any other party; or
b
of his own motion.
2
Where the defaulting party was the person who made (or has been substituted for or added to the party who made) the original application, the sanction may include requiring the registrar to cancel the original application in whole or in part.
3
Where the defaulting party was a person who objected to (or has been substituted for or added to the party who objected to) the original application, the sanction may include requiring the registrar to give effect to the original application in whole or in part as if the objection had not been made.
4
A sanction that includes either of the requirements on the registrar under paragraph (2) or (3) shall be treated as the substantive decision on that matter.
5
If the sanction does not include either of the requirements on the registrar under paragraph (2) or (3), the adjudicator must serve written notice on the parties of his decision as to what if any sanctions are imposed, and he may make consequential directions.
Errors of procedure
56
Where, before the adjudicator has made his final substantive order in relation to a matter, there has been an error of procedure such as a failure to comply with a rule —
a
the error does not invalidate any step taken in the proceedings, unless the adjudicator so orders; and
b
the adjudicator may make an order or take any other step that he considers appropriate to remedy the error.
Accidental slips or omissions
57
The adjudicator may at any time amend an order or direction to correct a clerical error or other accidental slip or omission.
Time and place
58
If the adjudicator deems it appropriate to do so, he may alter —
a
any time limit specified in these Rules;
b
any time limit set by the adjudicator; or
c
the date, time or location appointed for a hearing or for any other appearance of the parties before him.
Calculation of time
59
1
Where a period of time for doing an act is specified by these Rules or by a direction of the adjudicator, that period is to be calculated —
a
excluding the day on which the period begins; and
b
unless otherwise specified, by reference to calendar days.
2
Where the time specified by these Rules or by a direction of the adjudicator for doing an act ends on a day which is not a working day, that act is done in time if it is done on the next working day.
Representation of parties
60
1
If a party who was previously unrepresented appoints a representative or, having been represented, appoints a replacement representative, that party must, as soon as reasonably practicable following the appointment, notify the adjudicator and the other parties in writing —
a
of the fact that he has appointed a representative or replacement representative;
b
the name and contact details of the representative or replacement representative;
c
whether the representative or replacement representative has been authorised by the party to accept service of documents; and
d
if the representative or replacement representative has been authorised to accept service, the address for service.
2
If a party who was previously represented ceases to be represented, that party must, as soon as reasonably practicable following the ending of his representation, notify the adjudicator and the other parties in writing —
a
of the fact that he is no longer represented; and
b
where the party’s address for service had previously been the address of the representative, the party’s new address for service.
Independence of adjudicator’s staff
61
When undertaking a non-administrative function of the adjudicator on the adjudicator’s authorisation, a member of the adjudicator’s staff is not subject to the direction of the Lord Chancellor or any other person or body.
Signed by authority of the Lord Chancellor
Lord Filkin
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
14th August 2003


type: legislation

jurisdiction: UK

text:
Commencement and citation
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2003 and shall come into force on 1st October 2003.
Amendment of the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999
2
1
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 shall be amended as follows.
2
In regulation 3(2) —
a
in the definition of “Framework Directive”, the word “and”, where it appears before “ 98/14/ EC ”, shall be deleted; and
b
at the end of that definition, there shall be added “and 2001/116/EC” .
3
In the regulation specified in the first column of the table below, for the fee specified opposite that regulation in the second column, there shall be substituted the fee specified opposite that regulation in the third column.
TABLE
Regulations Existing Fee Substituted Fee
Regulation 4(1) £82 £84 Regulation 9(5) £49 £50 Regulation 10(4), (5) and (6) £34 £35 Regulation 11(1)(b) £55 £56 Regulation 13(2)(a) £112 £115 Regulation 13(2)(b) £246 £252 Regulation 13(4)(a) £109 £112 Regulation 13(4)(b) £321 £329
4
For Schedules 1 to 5 there shall be substituted the following:
SCHEDULE 1
FEES FOR THE EXAMINATION OF A COMPLETE VEHICLE TO WHICH THE GREAT BRITAIN REGULATIONS OR THE EUROPEAN REGULATIONS APPLY WITH A VIEW TO THE ISSUE OF CERTAIN DOCUMENTS
Regulations 5 and 6
PART I
THE GREAT BRITAIN REGULATIONS
(1) (2) (3) Description of examination Fee No. Amount of fee (£)
Examination of a vehicle with a view to the issue of a type approval certificate 60000 1,736 Examination of a vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) 60001 1,736 Examination of a vehicle where there has been a valid application for a certificate by virtue of section 58(4) 60002 1,696
PART II
THE GREAT BRITAIN REGULATIONS (LOW VOLUME TYPE APPROVAL)
(1) (2) (3) Description of examination Fee No. Amount of fee (£)
Examination of a low volume type approval vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) 60010 1,734 Examination of a low volume type approval vehicle where there has been a valid application for a certificate by virtue of section 58(4) 60011 604
PART III
THE EUROPEAN REGULATIONS
(1) (2) (3) Description of examination or part of examination Fee No. Amount of fee (£)
Receipt of application and planning of the examination process 60020 287 Examination of a vehicle 60021 1,839
Compilation and administrative checking of documentation in relation to:
each type of vehicle, and
60022 403
b
for each variant —
i
where less than 5 versions are involved
60023 48
ii
where 5 or more versions are involved
60024 97
Further compilation and administrative checking of documentation, submitted in place of original documentation, in relation to:
each type of vehicle, and
60025 200
b
for each variant —
i
where less than 5 versions are involved
60026 25
ii
where 5 or more versions are involved
60027 48
SCHEDULE 2
FEES FOR THE EXAMINATION WITH A VIEW TO THE ISSUE OF CERTAIN DOCUMENTS OF A COMPLETE VEHICLE TO WHICH THE GREAT BRITAIN REGULATIONS FOR GOODS VEHICLES APPLY
Regulation 5(2) and (3)
(1) (2) Description of examination Amount of fee/Vehicle category (a) (b) (c) L2, L5, N1 N2 N3 2 axle 3 axle 4 axle Fee No. Fee (£) Fee No. Fee (£) Fee No. Fee (£) Fee No. Fee (£) Fee No. Fee (£)
Examination of a type vehicle consisting of 50 or less variants with a view to the issue of a type approval certificate 70000 849 70001 1,555 70002 2,447 70003 2,697 70004 2,697 Examination of a type vehicle consisting of more than 50 variants with a view to the issue of a type approval certificate 70005 849 70006 1,555 70007 2,991 70008 3,568 70009 3,568 Examination of a vehicle with a view to the issue of a Minister’s approval certificate under section 58(1) 70010 849 70011 1,142 70012 1,392 70013 1,425 70014 1,425 Examination of a vehicle with a view to the issue of a Minister’s approval certificate under section 58(4) 70015 816 70016 1,109 70017 1,359 70018 1,359 70019 1,359
SCHEDULE 3
FEES FOR THE ISSUE OF DOCUMENTS IN RESPECT OF VEHICLE PARTS
Regulation 9(1)
(1) (2) (3) Description of document Fee No. Amount of fee (£)
(A) ECE REGULATIONS
Type approval certificate
80000 35 Type approval certificate modifying a type approval certificate 80001 74
(B) COMMUNITY INSTRUMENTS
Type approval certificate
80002 35 Issuing of amended pages and index sheet of an information package in accordance with the first indent of article 5(3) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed unnecessary 80003 35 Issuing of an amended type approval certificate together with amended pages and index sheet of information package in accordance with the second indent of article 5(3) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed necessary 80004 74
(C) NATIONAL TYPE APPROVAL SCHEME
Type approval certificate
80005 35 Minister’s approval certificate under section 58(1) 80006 35
(D) DUPLICATE
Duplicate type approval, Minister’s approval, EEC or ECE type approval certificate
80007 46
(E) LETTERS OF COMPLIANCE OR NO CONCERN
Acknowledgement at the request of the holder:
that its type approved products are recognised as being tested and in conformity with the type approval standards and are suitable for use on roads in this country; or
that, notwithstanding a departure from the particulars specified in a type approval, Minister’s approval, EEC or ECE type approval certificate, or in a related information document, an application for an extension, variation or substitution of those documents is considered to be unnecessary
80008 35 NB Where both EEC and ECE certificates are issued concurrently in respect of the same vehicle part, the total fee for two certificates shall be one and a half times Nos 80000, 80001, 80002, 80003 or 80004 above as appropriate.
SCHEDULE 4
FEES FOR THE ISSUE OF DOCUMENTS IN RESPECT OF VEHICLES
Regulation 9(2), (3) and (4)
PART I
VEHICLES TO WHICH THE GREAT BRITAIN REGULATIONS APPLY
(1) (2) (3) Description of document Fee No. Amount of fee (£)
(A) TYPE APPROVAL CERTIFICATES
Type approval certificate in respect of a type vehicle not being issued in replacement of one or more Minister’s approval certificates
80011 517 Type approval certificate in respect of a type vehicle issued in replacement of one or more Minister’s approval certificates 80012 77 Duplicate type approval certificate 80013 46
(B) MINISTER'S APPROVAL CERTIFICATES
Minister’s approval certificate under section 58(1) when issued after a complete examination of a vehicle which is not a low volume type approval vehicle
80014 294 Minister’s approval certificate issued by virtue of section 58(4) in respect of a vehicle which is not a low volume type approval vehicle 80015 0.32 Duplicate Minister’s approval certificate for a vehicle which is not a low volume type approval vehicle 80016 46
(C) LOW VOLUME MINISTER'S APPROVAL CERTIFICATES
Minister’s approval certificate under section 58(1) when issued after a complete examination of a vehicle which is a low volume type approval vehicle
80017 294 Minister’s approval certificate issued by virtue of section 58(4) in respect of a vehicle which is a low volume type approval vehicle 80018 1.10 Duplicate Minister’s approval certificate for a vehicle which is a low volume type approval vehicle 80019 46
PART II
VEHICLES TO WHICH THE GREAT BRITAIN REGULATIONS FOR GOODS VEHICLES APPLY
(1) (2) (3) Description of document Fee No. Amount of fee (£)
(A) TYPE APPROVAL CERTIFICATES
Type approval certificate in respect of a type vehicle consisting of 50 or less variants
80030 188 Type approval certificate in respect of a type vehicle consisting of more than 50 variants 80031 222 Type approval certificate in respect of a type vehicle issued in replacement of one or more Minister’s approval certificates 80032 77 Further type approval certificate issued in replacement of a certificate issued under section 55(4) 80033 77 Duplicate type approval certificate 80034 46
(B) MINISTER'S APPROVAL CERTIFICATES
Minister’s approval certificate under section 58(1) when issued after a complete examination of a vehicle
80035 112 Minister’s approval certificate under section 58(1) when issued after a partial examination of a vehicle 80036 77 Minister’s approval certificate issued by virtue of section 58(4) in respect of a vehicle 80037 0.64 Duplicate Minister’s approval certificate for a vehicle 80038 46
PART III
VEHICLES TO WHICH THE EUROPEAN REGULATIONS APPLY
(1) (2) (3) Description of document Fee No. Amount of fee (£)
Type approval certificate issued in accordance with article 4(1)(a) of the Framework Directive 80050 70 Duplicate of a type approval certificate which was issued in accordance with article 4(1)(a) of the Framework Directive 80051 46 Issue of amended pages and index sheet of an information package in accordance with the first indent of article 5(4) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed unnecessary 80052 35 Issue of an amended type approval certificate together with amended pages and index sheet of an information package in accordance with the second indent of article 5(4) of the Framework Directive, in relation to a previously issued type approval certificate, where an extension to the original approval is deemed necessary 80053 70
SCHEDULE 5
Regulation 3(2)
PART I
COMMUNITY DIRECTIVES
(1) (2) (3) (4) (5) Item No. Principal Directive Amending Directive Official Journal references Subject matter
NB The Directives marked with a * are Commission Directives, while those marked with a † are Directives of the European Parliament and the Council. The other Directives are Council Directives.
1 70/157/EEC L42, 23.2.70, p.16 Sound levels 73/350/EEC* L321, 22.11.73, p.33 77/212/EEC L66, 12.3.77, p.33 81/334/EEC* L131, 18.5.81, p.6 84/372/EEC* L196, 26.7.84, p.47 84/424/EEC L238, 6.9.84, p.31 89/491/EEC* L238, 15.8.89, p.43 92/97/EEC L371, 19.12.92, p.1 96/20/EC* L92, 13.4.96, p.23 1999/101/EC* L334, 28.12.99, p.41 2 70/220/EEC L76, 6.4.70, p.1 Emissions 74/290/EEC L159, 15.6.74, p.61 77/102/EEC* L32, 3.2.77, p.32 78/665/EEC* L223, 14.8.78, p.48 83/351/EEC L197, 20.7.83, p.1 88/76/EEC L36, 9.2.88, p.1 88/436/EEC L214, 6.8.88, p.1 89/458/EEC L226, 3.8.89, p.1 89/491/EEC* L238, 15.8.89, p.43 91/441/EEC L242, 30.8.91, p.1 93/59/EEC L186, 28.7.93, p.21 94/12/EEC† L100, 19.4.94, p.42 96/44/EC* L210, 20.8.96, p.25 96/69/EC† L282, 1.11.96, p.64 98/69/EC† L350, 28.12.98, p.1 98/77/EC* L286, 23.10.98, p.34 1999/102/EC* L334, 28.12.99, p.43 2001/1/EC* L35, 6.2.2001, p.34 2001/100/EC† L16, 18.1.02, p.32 2002/80/EC* L291, 28.10.02, p.20 2003/76/EC* L206, 15.8.03, p.29 3 70/221/EEC L76, 6.4.70, p.23 Fuel tanks/rear protective devices 79/490/EEC* L128, 26.5.79, p.22 81/333/EEC* L131, 18.5.81, p.4 97/19/EC* L125, 16.5.97, p.1 2000/8/EC† L106, 3.5.00, p.7 4 70/222/EEC L76, 6.4.70, p.25 Rear registration plate space 5 70/311/EEC L133, 18.6.70, p.10 Steering equipment 92/62/EEC* L199, 18.7.92, p.33 1999/7/EC* L40, 13.2.99, p.36 6 70/387/EEC L176, 10.8.70, p.5 Doors, latches and hinges 98/90/EC* L337, 12.12.98, p.29 2001/31/EC* L130, 12.5.01, p.33 7 70/388/EEC L176, 10.8.70, p.12 Audible warning 8 71/127/EEC L68, 22.3.71, p.1 Rear view mirrors 79/795/EEC* L239, 22.9.79, p.1 85/205/EEC* L90, 29.3.85, p.1 86/562/EEC* L327, 22.11.86, p.49 88/321/EEC* L147, 14.6.88, p.77 9 71/320/EEC L202, 6.9.71, p.37 Braking 74/132/EEC* L74, 19.3.74, p.7 75/524/EEC* L236, 8.9.75, p.3 79/489/EEC* L128, 26.5.79, p.12 85/647/EEC* L380, 31.12.85, p.1 88/194/EEC* L92, 9.4.88, p.47 91/422/EEC* L233, 22.8.91, p.21 98/12/EC* L81, 27.1.98, p.1 2002/78/EC* L267, 4.10.02, p.23 10 72/245/EEC L152, 6.7.72, p.15 Suppression (radio) 89/491/EEC* L238, 15.8.89, p.43 95/54/EC* L266, 8.11.95, p.1 11 72/306/EEC L190, 20.8.72, p.1 Diesel smoke 89/491/EEC* L238, 15.8.89, p.43 97/20/EC* L125, 16.5.97, p.21 12 74/60/EEC L38, 11.2.74, p.2 Interior fittings 78/632/EEC* L206, 29.7.78, p.26 2000/4/EC† L87, 8.4.00, p.22 13 74/61/EEC L38, 11.2.74, p.22 Anti-theft devices 95/56/EC* L286, 29.11.95, p.1 14 74/151/EEC L84, 23.8.74, p.25 Tractors 88/410/EEC* L200, 26.7.88, p.27 97/54/EC† L277, 10.10.97, p.24 98/38/EC* L170, 16.6.98, p.13 15 74/152/EEC L84, 28.3.74, p.33 Tractors 88/412/EEC* L200, 26.7.88, p.31 97/54/EC† L277, 10.10.97, p.24 98/89/EC* L322, 1.12.98, p.40 16 74/297/EEC L165, 20.6.74, p.16 Protective steering 91/662/EEC* L366, 31.12.91, p.1 17 74/346/EEC L191, 15.7.74, p.1 Tractors 97/54/EC† L277, 10.10.97, p.24 98/40/EC* L171, 17.6.98, p.28 18 74/347/EEC L191, 15.7.74, p.5 Tractors 79/1073/EEC* L331, 27.12.79. p.20 97/54/EC† L277, 10.10.97, p.24 19 74/408/EEC L221, 12.8.74, p.1 Seat strength 81/577/EEC L209, 29.7.81, p.34 96/37/EC* L186, 25.7.96, p.28 20 74/483/EEC L266, 2.10.74, p.4 Exterior projections 79/488/EEC* L128, 26.5.79, p.1 21 75/321/EEC L147, 9.6.75, p.24 Tractors 88/411/EEC* L200, 26.7.88, p.30 97/54/EC† L277, 10.10.97, p.24 98/39/EC* L170, 16.6.98, p.15 22 75/322/EEC L147, 9.6.75, p.28 Tractors — Radio suppression 97/54/EC† L277, 10.10.97, p.24 2000/2/EC* L21, 26.1.00, p.23 2001/3/EC* L28, 30.1.01, p.1 23 75/323/EEC L147, 9.6.75, p.38 Tractors — power connections 24 75/443/EEC L196, 26.7.75, p.1 Speedometer and reverse gear 97/39/EC* L177, 5.7.97, p.15 25 76/114/EEC L24, 30.1.76, p.1 Plates (statutory) 78/507/EEC* L155, 13.6.78, p.31 26 76/115/EEC L24, 30.1.76, p.6 Seat belt anchorages 81/575/EEC L209, 29.7.81, p.30 82/318/EEC* L139, 19.5.82, p.9 90/629/EEC* L341, 6.12.90, p.14 96/38/EC* L187, 26.7.96, p.95 27 76/432/EEC L122, 8.5.76, P.1 Tractors 96/63/EC* L253, 5.10.96, p.13 97/54/EC† L277, 10.10.97, p.24 28 76/756/EEC L262, 27.9.76, p.1 Lighting installation 80/233/EEC* L51, 25.2.80, p.8 82/244/EEC* L109, 22.4.82, p.31 83/276/EEC L151, 9.6.83, p.47 84/8/EEC* L9, 12.1.84, p.24 89/278/EEC* L109, 20.4.89, p.38 91/663/EEC* L366, 31.12.91, p.17 97/28/EC* L171, 30.6.97, p.1 29 76/757/EEC L262, 27.9.76, p.32 Reflex reflectors 97/29/EC* L171, 30.6.97, p.11 30 76/758/EEC L262, 27.9.76, p.54 Lamps (side, rear, stop) 89/516/EEC* L265, 12.9.89, p.1 97/30/EC* L171, 30.6.97, p.25 31 76/759/EEC L262, 27.9.76, p.71 Direction indicators 89/277/EEC* L109, 20.4.89, p.25 1999/15/EC* L97, 12.4.99, p.14 32 76/760/EEC L262, 27.9.76, p.85 Lamps (number plates) 97/31/EC* L171, 30.6.97, p.49 33 76/761/EEC L262, 27.9.76, p.96 Headlamps (including bulbs) 89/517/EEC* L265, 12.9.89, p.15 1999/17/EC* L97, 12.4.99, p.45 34 76/762/EEC L262, 27.9.76, p.122 Fog lamps (front) 1999/18/EC* L97, 12.4.99, p.82 35 76/763/EEC L262, 27.9.76, p.135 Tractors 97/54/EC† L277, 10.10.97, p.24 1999/86/EC L297, 18.11.99, p.22 36 77/311/EEC L105, 28.4.77, p.1 Tractors 97/54/EC† L277, 10.10.97, p.24 37 77/389/EEC L154, 13.6.77, p.41 Towing hooks 96/64/EC* L258, 11.10.96, p.26 38 77/536/EEC L220, 29.8.77, p.1 Tractors 89/680/EEC L389, 30.12.89, p.26 1999/55/EC* L146, 11.6.99, p.31 39 77/537/EEC L220, 29.8.77, p.38 Tractor (smoke emissions) 82/890/EEC L378, 31.12.82, p.45 97/54/EC† L277, 10.10.97, p.24 40 77/538/EEC L220, 29.8.77, p.60 Fog lamps (rear) 89/518/EEC* L265, 12.9.89, p.24 1999/14/EC* L97, 12.4.99, p.1 41 77/539/EEC L220, 29.8.77, 0.72 Lamps (reversing) 97/32/EC* L171, 30.6.97, p.63 42 77/540/EEC L220, 29.8.77, p.83 Lamps (parking) 1999/16/EC* L97, 12.4.99, p.33 43 77/541/EEC L220, 29.8.77, p.95 Seat belts 81/576/EEC L209, 29.7.81, p.32 82/319/EEC* L139, 19.5.82, p.17 90/628/EEC* L341, 6.12.90, p.1 96/36/EC* L178, 17.7.96, p.15 2000/3/EC* L53, 25.5.2000, p.1 44 77/649/EEC L267, 19.10.77, p.1 Forward vision 81/643/EEC* L231, 15.8.81, p.41 88/366/EEC* L181, 12.7.88, p.40 90/630/EEC* L341, 6.12.90, p.20 45 78/316/EEC L81, 28.3.78, p.3 Identification of controls 93/91/EEC* L284, 19.11.93, p.25 94/53/EC* L299, 22.11.94, p.26 46 78/317/EEC L81, 28.3.78, p.27 Defrost/demist 47 78/318/EEC L81, 28.3.78, p.49 Wash/wipe 94/68/EC* L354, 31.12.94, p.1 48 78/548/EEC L168, 26.6.78, p.40 Heating systems 2001/56/EC† L292, 9.11.01, p.21 49 78/549/EEC L168, 26.6.78, p.45 Wheel guards 94/78/EC* L354, 31.12.94, p.10 50 78/764/EEC L255, 18.9.78, p.1 Tractors 83/190/EEC* L109, 26.4.83, p.13 87/854/EEC L192, 11.7.87, p.43 88/465/EEC* L288, 17.8.88, p.31 97/54/EC† L277, 10.10.97, p.24 1999/57/EC* L148, 15.6.99, p.35 51 78/932/EEC L325, 20.11.78, p.1 Head restraints 52 78/933/EEC L325, 20.11.78, p.16 Tractors 97/54/EC† L277, 10.10.97, p.24 1999/56/EC* L146, 11.6.99, p.28 53 78/1015/EEC L349, 13.12.78, p.21 Motor cycle noise 87/56/EEC L24, 27.1.87, p.42 89/235/EEC L98, 11.4.89, p.1 97/24/EC† L226, 18.8.97, p.1 54 79/532/EEC L145, 13.6.79, p.16 Tractors — Headlamps 97/54/EC† L277, 10.10.97, p.24 55 79/533/EEC L145, 13.6.79, p.20 Tractors 97/54/EC† L277, 10.10.97, p.24 1999/58/EC* L148, 15.6.99, p.37 56 79/622/EEC L179, 17.7.79, p.1 Tractors 82/953/EEC* L386, 31.12.82, p.31 88/413/EEC* L200, 26.7.88, p.32 1999/40/EC* L124, 18.5.99, p.11 57 80/720/EEC L194, 28.7.80, p.1 Tractors 88/414/EEC* L200, 26.7.88, p.34 97/54/EC† L277, 10.10.97, p.24 58 80/780/EEC L229, 30.8.80, p.49 Motor cycle mirrors 80/1272/EEC L375, 31.12.80, p.73 97/24/EC† L226, 18.8.97, p.1 59 80/1268/EEC L375, 31.12.80, p.36 Fuel consumption 89/491/EEC* L238, 15.8.89, p.43 93/116/EEC* L329, 30.12.93, p.39 1999/100/EC* L334, 28.12.99, p.36 60 80/1269/EEC L375, 31.12.80, p.46 Engine power 88/195/EEC L92, 9.4.88, p.50 89/491/EEC* L238, 15.8.89, p.43 97/21/EC* L125, 16.5.97, p.31 1999/99/EC* L334, 28.12.99, p.32 61 86/297/EEC L186, 8.7.86, p.19 Tractors 97/54/EC† L277, 10.10.97, p.24 62 86/298/EEC L186, 8.7.86, p.26 Tractors 89/682/EEC L398, 30.12.89, p.29 2000/19/EC* L94, 14.4.00, p.31 63 86/415/EEC L240, 26.8.86, p.1 Tractors 97/54/EC† L277, 10.10.97, p.24 64 87/402/EEC L220, 8.8.87, p.1 Tractors 89/681/EEC L398, 30.12.89, p.27 2000/22/EC* L107, 4.5.00, p.26 65 88/77/EEC L36, 9.2.88, p.33 Diesel emissions 91/542/EEC L295, 25.10.91, p.1 96/1/EC† L40, 17.2.96, p.1 1999/96/EC† L44, 16.2.2000, p.1 2001/27/EC* L107, 18.4.2001, p.10 66 89/173/EEC L67, 10.3.89, p.1 Tractors 97/54/EC† L277, 10.10.97, p.24 2000/1/EC* L21, 26.1.00, p.16 67 89/297/EEC L124, 5.5.89, p.1 Lateral protection 68 91/226/EEC L103, 23.4.91, p.5 Anti-spray devices 69 92/6/EEC L57, 2.3.92, p.27 Speed limiter installation 2002/85/EC† L327, 4.12.02, p.8 70 92/21/EEC L129, 14.5.92, p.1 Masses and dimensions (cars) 95/48/EC* L233, 30.9.95, p.73 71 92/22/EEC L129, 14.5.92, p.11 Safety glass 2001/92/EC* L291, 8.11.01, p.24 72 92/23/EEC L129, 14.5.92, p.95 Tyres 2001/43/EC† L211, 4.8.01, p.25 73 92/24/EEC L129, 14.5.92, p.154 Speed limiters 74 92/114/EEC L409, 31.12.92, p.17 External projections — goods vehicles 75 93/14/EEC L121, 15.5.93, p.1 Motor cycle braking 76 93/29/EEC L188, 29.7.93, p.1 Motor cycles — controls, tell-tales and indicators 2000/74/EC* L300, 29.11.2000, p.24 77 93/30/EEC L188, 29.7.93, p.11 Motor cycles — audible warning devices 78 93/31/EEC L188, 29.7.93, p.19 Motor cycle stands 2000/72/EC* L300, 29.11.2000, p.18 79 93/32/EEC L188, 29.7.93, p.28 Motor cycles — passenger handholds 1999/24/EC* L104, 21.4.99, p.16 80 93/33/EEC L188, 29.7.93, p.32 Motor cycles — anti theft devices 1999/23/EC* L104, 21.4.99, p.13 81 93/34/EEC L188, 29.7.93, p.38 Motor cycles — statutory plates 1999/25/EC* L104, 21.4.99, p.19 82 93/92/EEC L311, 14.12.93, p.1 Motor cycles — lighting installation 2000/73/EC* L300, 29.11.00, p.20 83 93/93/EEC L311, 14.12.93, p.76 Motor cycles — masses & dimensions 84 93/94/EEC L311, 14.12.93, p.83 Motor cycles — space for rear registration plate 1999/26/EC* L118, 6.5.99, p.32 85 94/20/EC† L195, 29.7.94, p.1 Mechanical coupling devices 86 95/1/EC† L52, 8.3.95, p.1 Motor cycles — maximum power, speed and torque 2002/41/EC* L133, 15.5.02, p.17 87 95/28/EC† L281, 23.11.95, p.1 Burning behaviour of materials 88 96/27/EC† L169, 8.7.96, p.1 Lateral collision protection 89 96/79/EC† L18, 21.1.97, p.7 Frontal collision protection 1999/98/EC L9, 11.1.00, p.14 90 97/24/EC† L226, 18.8.97, p.1 Motor cycles 2002/51/EC† L252, 20.9.02, p.20 91 97/27/EC† L233, 25.8.97, p.1 Masses & dimensions (for other than category M1) 2003/19/EC* L79, 26.3.03, p.6 92 97/68/EC† L59, 27.2.98, p.1 Emissions from non-road mobile machinery 2001/63/EC* L227, 23.8.01, p.41 2002/88/EC† L35, 11.2.03, p.28 93 2000/7/EC† L106, 3.5.00, p.1 Motor cycle speedometers 94 2000/14/EC† L162, 3.7.00, p.1 Noise of equipment used outdoors 95 2000/25/EC† L173, 12.7.00, p.1 Tractors (gaseous emissions) 96 2000/40/EC† L203, 10.8.00, p.9 Front under-run protection 97 2000/53/EC† L269, 21.10.00, p.34 End-of-Life vehicles 98 2001/85/EC† L42, 13.2.02, p.1 Buses and Coaches
PART II
COMMUNITY REGULATIONS
EEC REGULATIONS
(1) (2) (3) (4) (5) Item No. Principal Regulation Amending Regulations Date Official Journal References
1 1463/70 20.7.1970 L164, 27.7.70, p.1 1787/73 25.6.1973 L181, 4.7.73, p.1 2828/77 12.12.1977 L334, 24.12.77, p.5 3821/85 20.12.1985 L370, 31.12.85, p.8 3314/90 16.11.1990 L318, 17.11.90, p.20 3688/92 21.12.1992 L374, 22.12.92, p.12 2479/95 26.10.1995 L258, 29.11.95, p.1 1056/97 11.6.1997 L154, 12.6.97, p.21 2135/98 24.9.1998 L274, 9.10.98, p.1 1360/2002 13.6.2002 L207, 5.8.02, p.1
PART III
ECE REGULATIONS
(1) (2) (3) (4) (5) Item No. ECE Regulation Amending Series Date Subject Matter
1 1 8 Aug 60 Headlamps 1.01 18 Mar 86 1.02 8 Sept 01 2 2 8 Aug 60 Headlamps 2.02 27 Nov 78 2.03 9 Mar 86 3 3 1 Nov 63 Rear reflectors 3.01 20 Mar 82 3.02 1 Jul 85 4 4 15 Apr 64 Rear registration plates — lights 5 5 30 Sep 67 Sealed beam headlights 5.01 29 Aug 82 5.02 6 Mar 88 6 6 15 Oct 67 Direction indicators 6.01 27 Jun 87 7 7 15 Oct 67 Side, rear and stop lamps 7.01 15 Aug 85 7.02 5 May 91 8 8 15 Nov 67 Halogen headlamps 8.01 28 May 71 8.02 6 May 74 8.03 12 Mar 78 8.04 6 Jul 86 8.05 8 Sept 01 9 10 1 Apr 69 Radio interference suppression 10.01 19 Mar 78 10.02 3 Sep 97 10 11 1 Jun 69 Door latches and hinges 11.01 29 Oct 75 11.02 15 Apr 81 11 12 1 Jun 69 Protective steering 12.01 3 Nov 75 12.02 14 Nov 82 12.03 24 Aug 93 12 13 1 Jun 70 Brakes 13.01 5 Dec 73 13.02 5 Dec 73 13.03 4 Jan 79 13.04 11 Aug 81 13.05 26 Nov 84 13.06 22 Nov 90 13.07 18 Sep 94 13.08 26 Mar 95 13.09 28 Aug 96 13 13H 11 May 98 Brakes — alternative standard 14 14 1 Apr 70 Seat belt anchorages 14.01 28 Apr 76 14.02 22 Nov 84 14.03 29 Jan 92 14.04 18 Jan 98 14.05 4 Feb 99 15 16 1 Dec 70 Seat belts 16.01 7 May 73 16.02 7 May 73 16.03 9 Dec 79 16.04 22 Dec 85 16 17 1 Dec 70 Seat strength and anchorages 17.01 2 Jan 76 17.02 7 Apr 81 17.03 1 May 86 17.04 20 Jan 90 17.05 26 Dec 96 17.06 18 Jan 98 17.07 6 Aug 98 17 18 1 Mar 71 Anti theft 18.01 24 Nov 80 18.02 3 Oct 97 18 19 1 Mar 71 Front fog lights 19.01 18 Dec 74 19.02 8 May 88 19 20 1 May 71 Halogen (H4) headlights 20.01 15 Aug 76 20.02 3 Jul 86 20.03 9 Sept 01 20 21 1 Dec 71 Interior fittings 21.01 8 Oct 80 21 22 1 June 72 Protective helmets 22.05 30 Jun 00 22 23 1 Dec 71 Reversing lights 23 24 1 Dec 71 Emissions 24.01 11 Sep 73 24.02 11 Feb 80 24.03 20 Apr 86 24 25 1 Mar 72 Head restraints 25.01 11 Aug 81 25.02 26 Apr 86 25.03 20 Nov 89 25.04 15 Jan 97 25 26 1 Jul 72 External projections 26.01 11 Sep 73 26.02 13 Dec 96 26 27 15 Sep 72 Warning triangles 27.01 11 Sep 73 27.02 1 Jul 77 27.03 3 Mar 85 27 28 15 Jan 73 Audible warning 28 30 1 Apr 75 Tyres 30.01 25 Sep 77 30.02 15 Mar 81 29 31 1 May 75 Headlamps halogen (sealed beam) 31.01 7 Feb 83 31.02 30 Mar 88 30 32 14 Jul 75 Rear impact — passenger cars 31 33 1 Jul 75 Front impact 32 34 1 Jul 75 Fire risks 34.01 18 Jan 79 34.02 16 Jul 03 33 35 10 Nov 75 Foot controls 34 36 1 Mar 76 Public service vehicles 36.01 8 Feb 82 36.02 7 Sep 86 36.03 14 Dec 92 35 37 1 Feb 78 Filament lamps 37.01 27 Apr 82 37.02 27 Oct 83 37.03 1 Jun 84 36 38 1 Aug 78 Rear Fog lamps 37 39 20 Nov 78 Speedometers 38 40 1 Sep 79 Motor cycle emissions 40.01 31 May 88 39 43 15 Feb 81 Glass 40 44 1 Feb 81 Child restraints 44.01 17 Nov 82 44.02 4 Apr 86 44.03 12 Sep 95 41 45 1 Jul 81 Headlamp cleaners 45.01 9 Feb 88 42 46 1 Sep 81 Installation of rear-view mirrors 46.01 5 Oct 87 43 47 1 Nov 81 Moped emissions 44 48 1 Jan 82 Installations of lights 48.01 9 Feb 94 48.02 27 Feb 99 45 49 15 Apr 82 Diesel gas emissions 49.01 14 May 90 49.02 30 Dec 92 49.03 27 Dec 01 49.04 31 Jan 03 46 50 1 Jun 82 Motor cycle lights 47 51 15 Jul 82 Noise 51.01 27 Apr 88 51.02 18 Apr 95 48 52 1 Nov 82 Small capacity public service vehicles 52.01 12 Sep 85 49 53 1 Feb 83 Motor cycle lighting installation 53.01 7 Feb 99 50 54 1 Mar 83 Tyres for commercial vehicles & trailers 51 55 1 Mar 83 Mechanical couplings 55.01 16 Sep 01 52 56 15 Jun 83 Moped headlamps 56.01 12 Sep 01 53 57 15 Jun 83 Motor cycle headlamps 57.01 28 Feb 89 57.02 12 Sep 01 54 58 1 Jul 83 Goods vehicle underrun protection 58.01 25 Mar 89 55 59 1 Oct 83 Replacement silencing systems 56 60 1 Jul 84 Two wheeled motor cycle & moped driver operated controls 57 61 15 Jul 84 Commercial vehicles external projections. 58 62 1 Sep 84 Motor cycle anti-theft devices 59 64 1 Oct 85 Temporary use spare wheels/tyres 60 65 15 Jun 86 Special warning lights 61 66 1 Dec 86 Large passenger vehicles — strength of superstructure 62 67 1 Jun 87 Liquefied petroleum gas ( LPG ) equipment 67.01 13 Nov 99 63 68 1 May 87 Measurement of maximum speed 64 69 15 May 87 Rear marking plates for slow moving vehicles 69.01 27 Sep 97 65 70 15 May 87 Rear marking plates for heavy & long vehicles 70.01 27 Sep 97 66 71 1 Aug 87 Tractor driver’s field of vision 67 72 15 Feb 88 Halogen lights — motor cycles 72.01 12 Sep 01 68 73 1 Jan 88 Lateral protection of goods vehicles 69 74 15 Jun 88 Moped lighting installation 74.01 8 Mar 99 70 75 1 Apr 88 Motor cycle pneumatic tyres 71 76 1 Jul 88 Headlamps — mopeds (driving beam and passing beam) 76.01 12 Sep 01 72 77 30 Sep 88 Parking lamps 73 78 15 Oct 88 Braking — vehicles in categories L1, L2, L3, L4 and L5 78.01 22 Nov 90 78.02 8 Jan 95 74 79 1 Dec 88 Steering equipment 79.01 14 Aug 95 75 80 23 Feb 89 Large passenger vehicles — seats and anchorages 80.01 8 Feb 98 76 81 1 Mar 89 Motor cycle mirrors 77 82 17 Mar 89 Moped headlamps with filament halogen lamps 82.01 12 Sep 01 78 83 5 Nov 89 Gaseous Emissions 83.01 30 Dec 92 83.02 2 Jul 95 83.03 7 Dec 96 83.04 13 Nov 99 83.05 29 Mar 01 79 84 15 Jul 90 Measurement of fuel consumption 80 85 15 Sep 90 Engine power — vehicles in categories N1, N2, N3, M1, M2 and M3 81 86 1 Aug 90 Tractor lighting installation 82 87 1 Nov 90 Daytime running lamps 83 89 1 Oct 92 Speed limiters 84 90 1 Nov 92 Replacement brake lining assemblies 90.01 18 Sep 94 85 91 15 Oct 93 Side-marker lamps 86 93 27 Feb 94 Front underrun protection 87 94 1 Oct 95 Frontal collision 94.01 12 Aug 98 88 95 6 Jul 95 Lateral collision 95.01 12 Aug 98 95.02 16 Jul 03 89 96 15 Dec 95 Emissions of tractors 96.01 16 Sep 01 90 97 1 Jan 96 Vehicle alarm systems 97.01 13 Jan 00 91 98 15 Apr 96 Gas discharge headlamps 92 99 15 Apr 96 Gas discharge light sources 93 100 23 Aug 96 Battery electric vehicles 94 101 1 Jan 97 Fuel consumption 95 102 13 Dec 96 Close-coupling devices 96 103 23 Feb 97 Replacement catalytic converters 97 104 15 Jan 98 Retro-reflective markings for heavy & long vehicles 98 105 7 May 98 Vehicles for the carriage of dangerous goods 105.01 13 Jan 00 105.02 5 Dec 01 99 106 7 May 98 Tractor tyres 100 107 18 Jun 98 Double deck buses 101 108 23 Jun 98 Retreaded tyres 102 109 23 Jun 98 Retreaded tyres for goods vehicles 103 110 28 Dec 00 CNG systems and vehicles 104 111 28 Dec 00 Goods Vehicles Rollover Stability 105 112 21 Sep 01 Asymmetric Headlamps 106 113 21 Sep 01 Symmetric Headlamps 107 114 1 Feb 03 Airbags 108 115 30 Oct 03 LP Gas & CN Gas Retrofit Equipment
.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
1st September 2003
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
8th September 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (District of Basildon) Order 2003 and shall come into force on 1st April 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the District of Basildon with the exception of the entire length of each of the A13, A127 and A130 trunk roads within that district, and the link road, known as “the old A130”, from the A130 to its junction with the A127 arterial road at the Fairglen Interchange.
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
9th March 2003


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Misleading Statements and Practices) (Amendment) Order 2003, and comes into force on 31st October 2004.
Amendment of the Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001
2
1
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001 is amended as follows.
2
In article 2 (interpretation), in the definition of “controlled activity”, for “paragraph 9 or 10” (in both places) substitute “paragraph 9, 10, 10A or 10B”.
3
In article 3 (specified kinds of activity), after paragraph (c) insert —
ca
an activity which falls within paragraph 10A (arranging qualifying credit) or 10B (advising on qualifying credit) of that Schedule, or agreeing to carry on any such activity;
.
Philip Woolas
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 2003


text:
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 15) Order 2003.
2
So far as it is not already in force , section 165 of the Immigration and Asylum Act 1999 shall come into force on 1st August 2003.
Beverley Hughes
Minister of State
Home Office
16th July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2003 and shall come into force on 6th April 2003.
Amendment of the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002
2
1
Schedules 3 and 4 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002 (amendment of the Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992 ) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 10 —
a
in sub-paragraph (1) of the substituted paragraph 16 for the words “a sum equal to the 30 hour element of working tax credit referred to in regulation 20(1)(c) of the Working Tax Credit Regulations” there shall be substituted “£11.90”;
b
for sub-paragraph (3)(c) of the substituted paragraph 16, there shall be substituted the following —
c
£11.90.
.
3
In paragraph 11(b) for the words “the amount specified for that element in Schedule 2 to those Regulations” there shall be substituted “£11.90”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
19th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Conduct) (Amendment) Regulations 2003 and shall come into force on 15th November 2003.
2
In these Regulations “the 1999 Regulations ” means the Police (Conduct) Regulations 1999 .
Amendments to the 1999 Regulations
2
1
Regulation 4 of the 1999 Regulations is amended as follows.
2
The following paragraph is inserted —
1A
In these Regulations a reference to a police force shall include a reference to the National Crime Squad and a reference to a chief officer shall include a reference to the Director General of that Squad.
.
3
The following regulation shall be inserted in the 1999 Regulations —
15A
Legal representation for members of the National Crime Squad
1
A member of the National Crime Squad of the rank of chief superintendent or below may not be dismissed, required to resign or reduced in rank by a decision taken in proceedings under these Regulations unless he has been given an opportunity to elect to be legally represented at any hearing held in the course of those proceedings.
2
Where a member of the National Crime Squad makes an election to which paragraph (1) refers, he may be represented at the hearing, at his option, either by counsel or by a solicitor.
3
Except in a case where a member of the National Crime Squad of the rank of chief superintendent or below has been given an opportunity to elect to be legally represented and has so elected, he may be represented at the hearing only by another member of a police force.
4
1
Regulation 16 of the 1999 Regulations is amended as follows.
2
After “1996 Act” there shall be inserted “or regulation 15A as appropriate”.
5
1
Regulation 17 of the 1999 Regulations is amended as follows.
2
In paragraph (1)(b) for the words “regulation 16” there shall be substituted “regulation 15A or 16”.
6
1
Regulation 18 of the 1999 Regulations is amended as follows.
2
In paragraph (3) for the words “the Police Act 1996” there shall be substituted “the 1996 Act or the National Crime Squad”.
7
1
Regulation 30 of the 1999 Regulations is amended as follows.
2
In paragraph (3) for the words “the Police Act 1996” there shall be substituted “the 1996 Act or section 82 of the Police Act 1997”.
8
1
Regulation 37 of the 1999 Regulations is amended as follows.
2
For paragraph (1) there shall be substituted the following paragraph —
1
Subject to paragraphs (2) to (4), where the chief officer is an interested party or the circumstances in section 12A(1) or (2) of the 1996 Act or section 54(1) of the 1997 Act apply, the review shall be conducted by the deputy chief constable or assistant chief constable designated under section 12A(2) of the 1996 Act or, in the case of members of the National Crime Squad, by the Deputy Director General of that Squad.
3
In paragraph (2) before the words “designated assistant chief constable” there shall be inserted “deputy chief constable or”.
9
1
Schedule 2 to the 1999 Regulations is amended as follows.
2
In paragraph 2 in the substituted regulation 13(4)(b) for the word “constable” there is substituted “officer”.
3
In paragraph 3 in the substituted regulation 16 after “1996 Act” there shall be inserted “or regulation 15A as appropriate”.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003


text:
1
1
This Order may be cited as “The A45 Trunk Road (A45/A445 Ryton-on-Dunsmore Junction Improvement) Order 2003” and shall come into force on 25th November 2003.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The new highway, which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/OD/446, marked “The A45 Trunk Road (A45/A445 Ryton-on-Dunsmore Junction Improvement) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director Highways Agency
31st October 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2003 and shall come into force on 30th April 2003, but shall have effect, where appropriate, from the dates specified in this Order.
2
In this Order “ the Act ” means the Superannuation Act 1972.
Employments
2
The following shall be included among the kinds of employment to which a scheme under Section 1 of the Act can apply:
a
employment by Sir John Soane’s Museum, with effect from 1st February 2003,
b
employment by the Broadcasting Standards Commission, with effect from 30th September 2002,
c
employment by the Historic Buildings and Monuments Commission for England, with effect from 30th September 2002,
d
employment by the Administrative Trustees of the Chequers Estate and the Chequers Trust Fund, with effect from 1st February 2003,
e
employment by the British Library, with effect from 1st August 2002,
f
employment by British Overseas Trade Group for Israel, with effect from 1st March 2001,
g
employment by Committee for Middle East Trade, with effect from 1st March 2001,
h
employment by the Countryside Council for Wales, with effect from 30th September 2002,
i
employment by East European Trade Council, with effect from 1st March 2001,
j
employment by English Nature, with effect from 1st September 2002,
k
employment by the Great Britain-China Centre, with effect from 1st September 2002,
l
employment by Latin American Trade Advisory Group, with effect from 1st March 2001,
m
employment by National Consumer Council, with effect from 1st September 2002,
n
employment by the Registrar of Public Lending Right, with effect from 1st September 2002,
o
employment by Scottish Natural Heritage, with effect from 1st September 2002,
p
employment by the Scottish Public Services Ombudsman, with effect from 30th September 2002,
q
employment by the Westminster Foundation for Democracy Limited, with effect from 1st October 2002
and accordingly, Schedule 1 to the Act is amended by inserting at the appropriate place:
i
in the list of “Museums and Galleries”, the entry —
“Sir John Soane’s Museum”,
in the list of “Royal Commissions and other Commissions”, the entries —
“the Broadcasting Standards Commission”
“the Historic Buildings and Monuments Commission for England”,
in the list of “Other Bodies”, the entries —
“the British Library”
“British Overseas Trade Group for Israel”
“Committee for Middle East Trade”
“the Countryside Council for Wales”
“East European Trade Council”
“Employment by the Administrative Trustees of the Chequers Estate and the Chequers Trust Fund”
“Employment by the Registrar of Public Lending Right”
“Employment by the Scottish Public Services Ombudsman”
“English Nature”
“the Great Britain-China Centre”
“Latin American Trade Advisory Group”
“National Consumer Council”
“Scottish Natural Heritage”
“the Westminster Foundation for Democracy Limited”.
Offices
3
The following offices shall be included among the offices to which a scheme under section 1 of the Act can apply:
a
the Registrar of Public Lending Right, with effect from 1st September 2002,
b
the Scottish Public Services Ombudsman, with effect from 30th September 2002,
c
the Deputy Scottish Public Services Ombudsmen, with effect from 30th September 2002
and accordingly Schedule 1 to the Act is amended by inserting at the appropriate place in the list of “Offices” the entries —
“the Registrar of Public Lending Right”
“the Scottish Public Services Ombudsman”
“the Deputy Scottish Public Services Ombudsmen”.
Amendment
4
In article 4 of the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2002 , for “the Local Government Commission” there shall be substituted “Local Government Commission for England” with effect from 12th August 2002.
Douglas Alexander
Minister of State
9th April 2003