The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018

UK Statutory Instrument 2018 No. 236 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 21 February 2018
In force from: 20 May 2018
Extent: Not stated
Subject: Road traffic and vehicles
Made under: Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision in connection with Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles (OJ No L 60, 2.3.2013, p.1) “the AFV Regulation”. In particular, they— appoint the Secretary of State as the approval authority and the market surveillance authority for the purposes of the AFV Regulation (regulations 3 and 4) specify when the Secretary of State may treat any application as having been withdrawn by the manufacturer (regulation 5) or when it must be refused (regulation 6) require the holder of a type-approval to retain certain records (regulation 7) derogate from the requirements of the AFV Regulation in respect of components or separate technical units which have been exempted from one or more provisions of the AFV Regulation, or which are not required to be type-approved by the AFV Regulation (regulation 8) provide for a review procedure in respect of decision notices given under article 48 of the AFV Regulation (regulation 9) specify when an approval may be withdrawn (regulation 10) and the effect of such a withdrawal or a suspension (regulation 11) set out how any notice or other document is to be served on the approval authority, market surveillance authority or enforcement authority (regulation 12) authorise the approval authority to provide and maintain testing stations and apparatus to use for examination of products for the purposes of the AFV Regulation (regulation 13) provide that breach of the duty to provide certain technical information which causes a person to sustain loss or damage is actionable at the suit of that person, and a defence available to the manufacturer where they have exercised all due diligence (regulation 14) provide for breach of the Regulations or the AFV Regulation to be an offence, and for offences to be punishable either by criminal or civil penalties (parts 1 and 2 of Schedule 1) make provision for enforcement of the Regulations, including in connection with false statements and obstruction of officers, powers of search, detention of goods by customs officers and recovery of expenses of enforcement (part 3 of Schedule 1) makes consequential amendments to various enactments, and revokes instruments replaced by the AFV Regulation (Schedule 2) The net costs imposed on business, the voluntary sector and the public sector by these Regulations have been assessed as being less than £5m in any year and therefore a full impact assessment has not been prepared, and a Review provision not included.

Offences created by this instrument

A person who is an economic operator is guilty of an offence if that person— a contravenes any prohibition in these… paragraph 1 of SCHEDULE 1 · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee: Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

Instrument created 21 February 2018
Instrument made (signed into law) 21 February 2018
Laid before the House of Commons 28 February 2018 · Commons
Laid before the House of Lords 28 February 2018 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 13 March 2018 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 13 March 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 18 April 2018 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 18 April 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that there is doubt as to whether they are intra vires 18 April 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it makes unusual or unexpected use of the enabling power 18 April 2018 · Commons, Lords
Objection period ends 25 April 2018
Instrument remains law 25 April 2018
Procedure concluded in the House of Commons and the House of Lords 25 April 2018 · Commons, Lords
Instrument comes into force as law 20 May 2018

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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