text:
Commencement and citation
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1997 and shall come into force on 1st April 1997.
Revocation
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1996 are hereby revoked.
Interpretation
3
1
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and
c
a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.
2
In these Regulations —
“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community instrument or ECE Regulation , an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or a vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;
“approval mark” means a marking designated by the Motor Vehicles (Designation of Approval Marks) Regulations 1979 ;
“approval requirements” means —
the requirements for examination and approval as regards the type approval requirements specified in —
a Community instrument;
Schedule 1 to the Great Britain Regulations ;
Schedule 1 to the Great Britain Regulations for Goods Vehicles ; or
an ECE Regulation; or
the requirements for examination and marking authorisation relating to an approval mark;
“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or a vehicle part;
“Community instrument” means an instrument issued by a Community institution which is referred to in Part II or III of Schedule 6;
“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party , and referred to in Part IV of Schedule 6;
“ European Regulations ” means the Motor Vehicles ( EC Type Approval) Regulations 1992 ;
“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;
“ Framework Directive ” means Council Directive 70/156/ EEC as amended by Council Directives 87/403/EEC and 92/53/EEC and Commission Directive 93/81/EEC ;
“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“Government or approved premises” means premises established or approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purposes of a Community instrument or ECE Regulation;
“low volume type approval vehicle” has the same meaning as in the Great Britain Regulations;
“national type approval scheme” means the scheme for the type approval of vehicles or vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;
“sound level measurement certificate” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980 ;
“type approval certificate”, “Minister’s approval certificate”, and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate, or authorisation as the case may be.
3
A reference in these Regulations to a vehicle in category L1, L2, L3, L4 or L5 is a reference to a vehicle described respectively as L1, L2, L3, L4 or L5 in ECE Regulation 13 of 29th May 1969 with the amendments in force on 1st April 1987.
4
A reference in these Regulations to a vehicle in category M1, M2, M3, N1, N2, N3, O1 or O2 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2, N3, O1 or O2 in the Framework Directive.
Fees — basic scale for examinations of vehicles or parts of vehicles
4
1
In this regulation any reference to a numbered column is a reference to the column bearing that number in Part II of Schedule 1.
2
Subject to the subsequent provisions of these Regulations, the fee prescribed as regards the approval requirements specified in column 2 in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4.
3
Part I of Schedule 1 contains an index to Part II of that Schedule.
4
Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question.
5
The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
6
The fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
7
Schedule 6 interprets —
a
certain expressions relating to Community instruments and ECE Regulations , and
b
certain abbreviations
used in Schedule 1.
8
Schedule 6 also gives details of Community instruments and ECE Regulations referred to in Schedule 1.
Fees — consecutive examinations
5
1
Subject to regulations 19 and 20, where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant with a view to the carrying out of the relevant examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out the examination.
2
In this regulation a relevant examination is an examination in relation to an approval requirement specified in Part II of Schedule 1.
Fees — partial examinations
6
1
Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in any design specification, either —
a
a further relevant examination of any vehicle or any vehicle part is needed with a view to the issue of a further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination; or
b
an applicant requires a further certificate but the alteration is not so extensive as to require a further relevant examination of any vehicle or any vehicle part and can be carried out on an inspection of data supplied by the applicant,
the fee for such an examination or inspection is such proportion of the relevant fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination or inspection.
2
Paragraph (1) applies to —
a
a sound level measurement certificate;
b
a type approval certificate, or an authorisation, in relation to —
i
a Community instrument; or
ii
an ECE Regulation; or
c
a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.
3
Where, in the case of an examination or inspection mentioned in regulation 4 or 5 or in paragraph (1) —
a
it has been found impossible to complete the examination or inspection satisfactorily; or
b
the vehicle or vehicle part supplied for the examination does not satisfy completely the requirements of the examination,
and a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination.
4
Where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete relevant examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.
5
In this regulation a relevant examination is an examination in relation to an approval requirement specified in Part II of Schedule 1.
6
This regulation is subject to regulations 19 and 20.
Fees — examination of a complete vehicle under the national type approval scheme
7
1
Subject to paragraph (5), the fee for the examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Part I of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which —
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in column 3 of Part I of Schedule 2.
2
The fee for the examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which —
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in paragraph (3).
3
The amount referred to in paragraph (2) is the amount shown in —
a
column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1;
b
column 2(b) of Schedule 3 if the vehicle is in category NS2 and
c
column 2(c) of Schedule 3 if the vehicle is in category N3.
4
Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above —
a
it has been found impossible to complete that examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
the vehicle is one which has been assembled in more than one stage by more than one manufacturer, and a type approval certificate has been issued to a manufacturer other than the applicant; or
d
a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the documentation can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Part I of Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
5
Where a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations, paragraph (1) shall have effect as if the references to Part I of Schedule 2 were references to Part II of that Schedule.
6
If in circumstances where paragraph (5) applies —
a
some or all of the procedures referred to in paragraph (1) have been carried out on behalf of the Secretary of State; and
b
as a result, the work involved in carrying out the examination is less than otherwise would have been the case,
the fee for the examination shall be such proportion of the relevant sum specified in Part II of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination.
7
This regulation is subject to regulations 19 and 20.
Fees — examination of a vehicle with a view to the issue of an EC vehicle type approval certificate
8
1
In this regulation and in Part III of Schedule 2, “EC vehicle type approval certificate” means a type approval certificate issued under regulation 3(5) of the European Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive).
2
Expressions used in this regulation or in Part III of Schedule 2 which are also used in the Framework Directive shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
3
Subject to paragraphs (6) and (7), the fees for —
a
the examination of a vehicle; and
b
administrative work (other than the issue of the EC vehicle type approval certificate),
with a view to the issue of an EC vehicle type approval certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5).
4
Where the application is for the issue of an EC vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in Part III of Schedule 2.
5
Where —
a
the application is for an EC vehicle type approval certificate in relation to an incomplete vehicle or a completed vehicle; and
b
the examination is not as complete and exhaustive as would otherwise be required, the fees shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved.
6
Where in the case of an examination of a vehicle with a view to the issue of an EC vehicle type approval certificate —
a
it has been found impossible to complete the examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
an EC vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the EC vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
7
Where, in relation to an application for an EC vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle.
8
This regulation is subject to regulations 19 and 20.
Fees — avoidance of duplication
9
Where the examination of a vehicle or vehicle part for the purposes of a Community instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.
Fees — issue of documents
10
1
The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4.
2
The fee for the issue of a document of a type specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5.
3
The fee for the issue of a document of a type specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5.
4
The fee for the issue of a document of a type specified in column 1 of Part III of Schedule 5 (being a document relating to a vehicle to which the European Regulations apply) is the amount specified in relation thereto in column 3 of Part III of Schedule 5.
5
The fee for the issue of a sound level measurement certificate is £46.
6
Where —
a
a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations;
b
some or all of the procedures referred to in regulation 7(1) have been carried out on behalf of the Secretary of State; and
c
as a result, the administrative work involved in relation to the application is less than would otherwise have been the case,
the fee for the issue of the Minister’s approval certificate shall be such proportion of the relevant sum specified in Part I of Schedule 5 as the Secretary of State considers to be appropriate in view of the nature and extent of the administrative work carried out in relation to the application.
7
This regulation is subject to regulations 19 and 20.
Additional fees payable for the issue of documents under the national scheme
11
1
In this regulation —
“ sub-MAC ” means a Minister’s approval certificate issued by virtue of section 58(4); and
“ MAC ”, in relation to a sub-MAC, means the Minister’s approval certificate by virtue of which the sub-MAC was issued under section 58(4).
2
In this regulation, in relation to a sub-MAC, —
“anniversary” means an anniversary of the date on which the MAC was issued;
“applicant” means the person who applied for the sub-MAC;
“relevant date” means —
if the sub-MAC was issued during the 12 month period beginning with the date the MAC was issued, that date; or
if it was issued after the expiration of that period, the anniversary next before the issue of the sub-MAC;
“relevant period” means a period of 12 months beginning on an anniversary;
“relevant sub-MAC” means any sub-MAC issued to the applicant by virtue of the MAC before the sub-MAC in question was issued;
“relevant vehicle” means the vehicle in respect of which the MAC was issued.
3
A fee of £10 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued in respect of a vehicle in category N2 or N3; and
b
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs to be issued, or
ii
if no relevant sub-MAC has been issued, the relevant vehicle.
4
A fee of £32 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued in respect of a vehicle in category N1 as a result of an application made on or after the first anniversary; and
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
5
A fee of £32 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued as a result of an application made on or after the first anniversary on the basis of a vehicle being a low volume type approval vehicle; and
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph or paragraph (6), or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
6
A fee of £32 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued as a result of an application made on the basis of a vehicle being a low volume type approval vehicle; and
b
199 relevant sub-MACs, and no more, have been issued as a result of applications made on or after the relevant date; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under paragraph (5) or this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
Fees — visits outside the United Kingdom
12
1
Where, in connection with an application for or the performance of, the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community instrument, or ECE Regulation, or in relation to a type approval certificate or Minister’s approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of —
a
the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and
b
the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £55 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.
2
The references to expenses in paragraph (1)(a) do not include any expenses relating to —
a
travelling on land in the United Kingdom; or
b
any flight which both begins and ends in the United Kingdom.
3
If —
a
payments have been made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and
b
the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was expected,
the fee payable under paragraph (1) shall be re-calculated in accordance with that paragraph by reference to the actual travelling and subsistence expenses incurred and the actual time spent travelling, and the difference shall be paid by, or as the case may be, refunded to, the applicant.
Payment of fees
13
1
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or authorisation for the purpose of a Community instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question.
2
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of type approval certificate or Minister’s approval certificate shall be paid when the applicant is notified by the Secretary of State, in accordance with the provisions of the Great Britain Regulations, the Great Britain Regulations for Goods Vehicles or the European Regulations, of the fee payable.
3
The fee for the issue of a document specified in Schedule 4 or 5 shall be paid —
a
in the case where the examination of the vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination; and
b
in any other case, when the application is made for the issue of the document.
Fees on withdrawals and cancellations
14
1
Subject to the provisions of regulation 15, if an applicant —
a
after he has been notified of the time and place for the examination withdraws his application; or
b
does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,
he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.
2
In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies —
a
if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £105;
b
if the Secretary of State is not so notified —
i
where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or
ii
where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £230 whichever is the less.
3
In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.
4
In the case of an examination of a vehicle to which a fee specified in Schedule 2 or 3 applies —
a
if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle for the examination, the cancellation fee shall be £102;
b
if the Secretary of State is not so notified, the cancellation fee shall be £300.
5
Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided —
a
in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the fee which has been paid; or
b
in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.
6
An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 12, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).
7
This regulation is subject to regulations 19 and 20.
Submission of alternative vehicle or vehicle part for examination
15
Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application, he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 14(1), but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.
Fees to be paid in relation to prescribed and notifiable alterations
16
1
The fee prescribed where particulars of a prescribed alteration are sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is —
a
if the vehicle is one in respect of which a certificate of conformity has been issued —
i
£31 if the vehicle is in category L2, L5 or N1;
ii
£36 if the vehicle is in category N2 or N3.
b
if the vehicle is one in respect of which a Minister’s approval certificate has been issued —
i
£31 if the vehicle is in category L2, L5 or N1;
ii
£36 if the vehicle is in category N2 or N3; or
2
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is £30 if the vehicle is in category N1, but —
a
that sum shall become due on the next anniversary of the date that the type approval certificate was issued, and
b
if there is more than one such notification during any period of 12 months ending immediately before such an anniversary, the fee shall not be payable in respect of more than one such notification during that period.
3
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is £10 if the vehicle is in category N2 or N3.
Approval of facilities
17
1
Subject to regulations 19 and 20, the fee prescribed for examining premises with a view to their being approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme or for the purposes of a Community instrument or ECE Regulation shall be determined by the amount of work involved charged at an hourly rate of £80.
2
Regulation 12 shall apply to an application for such an approval as it applies to an application for an examination of a vehicle as mentioned in that regulation.
Advice on procedures for securing conformity of production
18
Subject to regulations 19 and 20, the fee prescribed for advising a manufacturer on whether his arrangements or proposed arrangements for securing conformity of production of vehicles are likely to be accepted by the Secretary of State for the purposes of the national type approval scheme or for the purposes of any Community instrument or ECE Regulation shall be determined by the amount of work involved charged at an hourly rate of £80.
Fees — work carried out in the United States of America, Canada or Mexico
19
In relation to —
a
an examination or inspection of data carried out or proposed to be carried out,
b
the issue of a document,
c
the examining of premises, or
d
advice given to a manufacturer,
in the United States of America, Canada or Mexico by a person resident in the United States of America and acting for or on behalf of the Secretary of State, any sum which would otherwise be payable by virtue of regulations 4, 5, 6, 7, 8, 10, 14, 17 or 18 shall be increased by 68 per cent.
Fees — work carried out in Japan, China, South Korea or Taiwan
20
1
In relation to —
a
an examination or inspection of data carried out or proposed to be carried out,
b
the issue of a document,
c
the examining of premises, or
d
advice given to a manufacturer,
in Japan, China, South Korea or Taiwan by a person resident in Japan and acting for or on behalf of the Secretary of State, there shall be substituted, for any sum which would otherwise be payable by virtue of regulations 4, 5, 6, 7, 8, 10, 14, 17 or 18, a sum which shall be determined by the amount of work involved charged at an hourly rate of £157.50.
2
In a case where paragraph (1) above applies, any fee payable in accordance with regulation 13 shall, subject to the following paragraphs, be calculated by reference to the Secretary of State’s estimate of the duration of the work likely to be required at the hourly rate specified in paragraph (1).
3
If during the course of the work the Secretary of State estimates that the duration of the work likely to be required is greater than that estimated under paragraph (2) above, the fee shall be recalculated by reference to that greater estimate, and the excess, if any, over the fee originally payable shall be paid by the applicant.
4
If the duration of the work actually required is greater or less than its estimated or re-estimated duration, the fee shall be recalculated by reference to the actual duration and the difference shall be paid by, or, as the case may be, refunded to, the applicant.
Signed by authority of the Secretary of State for Transport
John Bowis
Parliamentary Under Secretary of State,
Department of Transport
24th February 1997
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.
Richard Ottaway
Patrick Mcloughlin
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1997


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Payments to Employers) Amendment Regulations 1997 and shall come into force on 24th November 1997.
Amendment of regulation 14 of the Occupational Pension Schemes (Payments to Employers) Regulations 1996
2
In regulation 14 of the Occupational Pension Schemes (Payments to Employers) Regulations 1996 (which provides for certain schemes to be exempt from the application of sections 37 and 76 of the Pensions Act 1995) there shall be omitted from paragraph (b) the words “are provided for by virtue of any enactment or”.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
27th October 1997


text:
1
These Regulations may be cited as the Police (Property) Regulations 1997 and shall come into force on 1st September 1997.
2
The Police (Disposal of Property) Regulations 1975 are hereby revoked.
3
In these Regulations:
“the relevant authority” means
in relation to a police area in England and Wales listed in Schedule 1 to the Police Act 1996 or the City of London police area, the police authority (within the meaning of that Act);
in relation to the metropolitan police district, the Receiver for the Metropolitan Police District;
“the 1897 Act ” means the Police (Property) Act 1897.
4
1
Subject to regulation 5 below, this regulation applies to property in the possession of the police to which the 1897 Act applies in respect of which the owner has not been ascertained and no order of a competent court has been made.
2
Subject to section 2(3) of the 1897 Act (which provides for the sale of property which is perishable or the custody of which involves unreasonable expense or inconvenience) property to which this regulation applies shall not be disposed of until it has remained in the possession of the police for a year.
5
1
This regulation applies to property which is in the possession of the police by virtue of section 43 of the Powers of Criminal Courts Act 1973 and in respect of which no application by a claimant has been made within six months of the making of the order under that section or no such application has succeeded.
2
Subject to section 2(3) of the 1897 Act, property to which this regulation applies shall not be disposed of until the expiration of six months from the date on which the order in respect of the property was made under that section on the conviction of an offender or, if an application by a claimant of the property has been made within that period or the offender has appealed against the conviction or sentence, until that application or appeal has been determined.
6
1
After the expiration of the period referred to in regulation 4(2) or 5(2) above, as applicable, property to which these regulations apply (other than money) may be sold.
2
The proceeds of all sales under these Regulations and any money to which these Regulations apply shall be paid to the relevant authority and shall be kept in a separate account to be called the Police Property Act Fund (“the Fund”).
3
The Fund or any part thereof, may be invested as the relevant authority think fit and the income derived from the investments shall be added to and become part of the Fund.
4
The moneys, including income from investments standing to the credit of the Fund shall be applicable —
a
to defray expenses incurred in the conveyance, storage and safe custody of the property and in connection with its sale and otherwise in executing these Regulations;
b
to pay reasonable compensation, the amount of which shall be fixed by the relevant authority, to persons by whom property has been delivered to the police;
c
to make payments of such amounts as the relevant authority may determine for such charitable purposes as they may select.
5
The Chief Officer of Police may, at the request of the relevant authority, exercise the powers and perform the duties of the authority under the foregoing paragraphs of this regulation.
6
The Fund shall be audited by an auditor nominated for that purpose by the relevant authority.
7
1
After the expiration of the period referred to in regulation 4(2) or 5(2) above, as applicable, if in the opinion of the relevant authority property to which these Regulations apply (other than money) can be used for police purposes, the relevant authority may determine that the property is to be retained by the authority and the property shall vest in them on the making of the determination.
2
A determination under paragraph (1) above shall be recorded in writing and published in such manner as the authority think fit and that record shall include the date on which the determination is made.
3
No determination under paragraph (1) above may be made in relation to any property in relation to which an order has been made under section 43A of the Powers of Criminal Courts Act 1973 .
8
If the Chief Officer of Police is satisfied that the nature of any property to which these Regulations apply is such that it is not in the public interest that it should be sold or retained, it shall be destroyed or otherwise disposed of in accordance with his directions.
Alun Michael
Minister of State
Home Office
31st July 1997


text:
1
This Order may be cited as the Land Registration Act 1997 (Commencement) Order 1997.
2
The following provisions of the Land Registration Act 1997 —
a
section 1,
b
Part I of Schedule 1 and section 4(1) so far as relating thereto, and
c
Part I of Schedule 2 and section 4(2) so far as relating thereto,
shall come into force on 1st April 1998.
3
Part I of Schedule 1 to, and section 4(1) (so far as relating thereto) of, the Land Registration Act 1997 shall apply only in relation to dispositions made on or after 1st April 1998.
Irvine of Lairg, C.
Dated 9th December 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telstra (UK) Ltd) Order 1997 and shall come into force on 17th April 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor,
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
17th March 1997


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Particulars of Independent Schools) Regulations 1997 and shall come into force on 1st January 1998.
Interpretation provisions
2
1
In these Regulations —
a
“application” means an application to the Registrar for the registration of an independent school made by the proprietor pursuant to section 465(1)(a) of the Education Act 1996;
b
“annual return” means a return of the type required to be delivered to the Registrar in accordance with regulation 5;
c
“name” and “address” in relation to a person mean respectively —
i
in the case of an individual, his forenames (in full) and surname and his usual residential address, and
ii
in the case of a corporation, a Scottish firm or a body of persons, its corporate or firm name and the address of its registered or principal office;
d
“the register” means the register kept by the Registrar under section 464 of the Education Act 1996;
e
“registered school” means a school whose name is entered in the register (including a provisionally registered school);
f
“the Registrar” means, in relation to a school in England, the Registrar of Independent Schools for England and, in relation to a school in Wales, the Registrar of Independent Schools for Wales;
g
“relevant date” has the meaning specified in regulation 5(3); and
h
“the Schedule” means the Schedule to these Regulations.
2
Any reference in these Regulations to a person employed at a school is a reference to a person engaged to provide designated services (as defined in paragraph (3)) at the school, and includes a person so engaged otherwise than under a contract of employment.
3
In paragraph (2) “designated services” means services provided in relation to the school which —
a
are provided by whatever means and whether under contract or otherwise, and
b
bring the person providing them regularly into contact with pupils attending the school.
4
Except where the context otherwise requires, any reference in these Regulations to a regulation is a reference to a regulation contained herein and any reference in a regulation or in the Schedule to a paragraph is a reference to a paragraph of that regulation or of the Schedule respectively.
5
Parts II and III of the Schedule shall be construed in accordance with and subject to the provisions of Part I thereof.
Revocations
3
The Education (Particulars of Independent Schools) Regulations 1982 , the Education (Particulars of Independent Schools) (Amendment) Regulations 1991 and the Education (Particulars of Independent Schools) (Amendment) Regulations 1994 are hereby revoked.
PART II
INFORMATION TO BE PROVIDED TO THE REGISTRAR
Application for registration of an independent school
4
Every application shall —
a
be made in writing,
b
state the date from which the school has been or (as the case may be) is intended to be conducted (whether by the applicant or any other person),
c
contain the information specified in Part II of the Schedule made up to the date of the application, and
d
contain a certificate signed by the proprietor that, to the best of his knowledge and belief, the statements made in the application are accurate.
Annual returns
5
1
The proprietor of a registered school shall deliver to the Registrar an annual return for that school in every school year.
2
Each return shall —
a
be provided in writing,
b
be made up to the relevant date,
c
be delivered to the Registrar within one month following the relevant date in each school year,
d
contain the information specified in Part III of the Schedule, and
e
contain a certificate signed by the proprietor or by a person authorised by him to give the certificate on his behalf that, to the best of his knowledge and belief, the statements made in the annual return are accurate.
3
“Relevant date” means, in relation to a particular school year and in the case of a particular school, the date specified in, or determined in accordance with, a written notice given to the proprietor for the purposes of these Regulations by the Secretary of State.
Notice of certain changes
6
1
Within one month of the occurrence of a designated change affecting a registered school, the proprietor shall deliver to the Registrar a written notification of —
a
the nature of the designated change,
b
the date on which it occurred, and
c
such of the particulars specified in paragraph (3) as are applicable.
2
In paragraph (1) “designated change” means —
a
a change of proprietor;
b
a change of head teacher;
c
a change of the school’s name;
d
a change of the school’s location; or
e
the discontinuance of the school.
3
The particulars referred to in paragraph (1)(c) are —
a
where there is a change of proprietor, the name, address and telephone number of the new proprietor;
b
where there is a change of head teacher, the name, date of birth and qualifications of the new head teacher;
c
where there is a change of the school’s name, the new name of the school; and
d
where there is a change of the school’s location, the new address and telephone number of the school.
4
Where there is an obligation under paragraph (1) to notify the Registrar of a change of proprietor of a registered school, the reference in that paragraph to the proprietor shall mean the new proprietor.
5
Where the location of a registered school is moved from England to Wales (or vice versa), the notice required by paragraph (1) shall be given to each Registrar; and the notice to be given to the Registrar for the country to which the school has moved shall be accompanied by a written statement containing —
a
the information required by regulation 5(2)(d) to be given in an annual return made up to the day after the date on which the move occurred; and
b
a certificate signed by the proprietor or by a person authorised by him to give the certificate on his behalf that, to the best of his knowledge and belief, the said information is accurate.
Misconduct reports
7
1
Where a person employed at a registered school ceases to be so employed by reason of his misconduct, the proprietor shall report the facts of the case to the Registrar in writing within one month following the date on which that person ceases to be employed at the school.
2
Paragraph (1) applies whether or not that person —
a
is convicted of a criminal offence in relation to the misconduct concerned, or
b
(where he has a contract of employment) is dismissed by his employer or would have been so dismissed or considered for dismissal but for his resignation.
PART III
DE-REGISTRATION
Deletion of a school’s name from the register
8
1
If the Secretary of State is satisfied that the proprietor of a school has failed to comply with any requirement specified in regulation 5, 6 or 7 (“a Part II requirement”) he may, subject to paragraphs (2) and (3), order the deletion from the register of the name of that school.
2
The Secretary of State shall not exercise his power under paragraph (1) without giving the proprietor notice in writing of —
a
the date (being not sooner than two months after the date of the notice) on which it is intended to make the deletion, and
b
the specific Part II requirement with which he considers the proprietor has failed to comply.
3
If, by the date referred to in paragraph 2(a), the proprietor satisfies the Secretary of State that he has complied with the Part II requirement in question (disregarding the fact that he may have been late in so doing) the Secretary of State shall not exercise his power under paragraph (1).
4
This regulation is without prejudice —
a
in the case of a school which is discontinued, to the removal of its name from the register; and
b
in the case of a school whose location is moved from England to Wales (or vice versa), the transfer of the name of the school from the register maintained for one country to that maintained for the other.


text:
Citation, commencement and application
1
1
This Order may be cited as the Leicestershire County Council (City of Leicester and District of Rutland) (Staff Transfer) Order 1997 and shall come into force on 1st April 1997.
2
This Order makes provisions which are consequential or supplementary to the Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 .
Interpretation
2
In this Order
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Leicestershire County Council (City of Leicester and District of Rutland) (Staff Transfer) Order 1997 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with the City of Leicester Council, one copy with the District of Rutland Council, one copy with the Leicestershire County Council and one in the offices of the Secretary of State for the Environment;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1997, but does not include a person whose employment is on a temporary basis and who on 31st March 1997 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1997 (“the reorganisation date”) was employed by the Leicestershire County Council;
b
whose employment would continue but for the transfer of functions to the Councils of the City of Leicester and the District of Rutland; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect —
a
in the case of an employee who falls within a class or description of employees mentioned in any section of Part I of the designated list, as if originally made between that employee and the district council mentioned at the head of that section;
b
in the case of an employee who falls within a class or description of employees mentioned in any section of Part II of the designated list, as if originally made between that employee and the district council mentioned at the head of that section.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
24th February 1997


text:
Citation and commencement
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (London Borough of Brent) Order 1997 and shall come into force on 28th March 1997.
2
In this Order —
“the Chalkhill Estate” means the area marked area 1 shown edged in pink;
“the North Wembley area” means the area marked area 2 shown edged in green; and
“the South Kilburn area” means the area marked area 3 shown edged and coloured in blue
on the map marked “Map of the Local Government Act 1988 (Defined Activities) (Exemption) (London Borough of Brent) Order 1997” of which prints, signed by an Under Secretary of the Department of the Environment, are deposited and available for inspection during normal office hours at the principal office of the Secretary of State for the Environment and at the office of the Director of Housing, London Borough of Brent, Mahatma Gandhi House, 34 Wembley Hill Road, Wembley, Middlesex, HA9 8AD.
Exemption of Housing Management
2
Housing Management by the London Borough of Brent shall not be treated as a defined activity so long as it is carried out in relation to the housing situated within the Chalkhill Estate before 31st July 1999 and in relation to the housing situated in the North Wembley and the South Kilburn areas before 30th June 1998.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
27th February 1997


text:
1
This Order may be cited as the Education (Inner London Education Authority) (Property Transfer) (Modification and Amendment) Order 1997 and shall come into force on 31st March 1997.
2
1
Subject to paragraph (2) below, Conditions A, B and C specified in article 2(2) of the Education (Inner London Education Authority) (Property Transfer) Order 1990 , subject to which conditions certain land was transferred by that Order, shall cease to have effect.
2
Condition C, and Condition A so far as necessary for the operation of Condition C, shall continue to have effect in relation to the playing fields and sports centres listed in Schedule 1 to this Order.
3
The Education (London Residuary Body) (Property Transfer) Order 1992 shall be amended —
a
by the insertion at the beginning of paragraph (1) of article 7 of the words “Subject to paragraph (3),”;
b
by the addition at the end of article 7 of a new paragraph —
3
Before making any payment under paragraph (1) on or after 31st March 1997, Kensington and Chelsea shall first pay, from the sums realised by them referred to in that paragraph, the amounts set out in column (2) of Schedule 4, to the councils set out opposite thereto in column (1) of that Schedule.
; and
c
by the addition after Schedule 3 of the Schedule set out in Schedule 2 to this Order.
Cheryl Gillam
Parliamentary Under Secretary of State,
Department for Education and Employment
17th March 1997


text:
Title and Extent
1
This Order may be cited as the Potato Marketing Scheme (Certification of Revocation) Order 1997 and applies in Great Britain.
Interpretation
2
1
In this Order —
“ the Act ” means the Agriculture Act 1993;
“the Board” means the Potato Marketing Board administering the Scheme;
“the Scheme” means the Potato Marketing Scheme .
2
In this Order any reference to a numbered section shall be construed as a reference to the section so numbered in the Act.
Certification of Revocation
3
It is hereby certified that —
a
property, rights and liabilities of the Board were transferred under section 35 (statutory transfer on vesting day under approved transfer scheme), and
b
in pursuance of section 26(4), section 26(1) (which, subject to section 37 and any provision of regulations made under section 38(3)(a), revokes the Scheme) came into force on 1st July 1997.
Donoughue
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
15th December 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
15th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
17th December 1997


text:
Citation
1
This Order may be cited as the Education (Schools) Act 1997 (Commencement) Order 1997.
Commencement of provisions
2
The following provisions of the Education (Schools) Act 1997 shall come into force on 1st December 1997:–
section 5(2),
section 6(3) so far as relating to Part II of the Schedule, and
Part II of the Schedule.
Brian Wilson
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
18th November 1997