The Motor Vehicle Tyres (Labelling) (Enforcement) (Amendment) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1509 |
2020 No. 1509
Exiting The European Union
Road Traffic
The Motor Vehicle Tyres (Labelling) (Enforcement) (Amendment) (EU Exit) Regulations 2020
Made 9th December 2020
Laid before Parliament 10th December 2020
Coming into force in accordance with regulation 1(2) and 1(3)
The Secretary of State for Transport, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (“the 1972 Act”)1and by sections 8(1) and 8C of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20182, makes the following Regulations.
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
The Secretary of State is designated3for the purposes of section 2(2) of the 1972 Act in relation to the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Motor Vehicle Tyres (Labelling) (Enforcement) (Amendment) (EU Exit) Regulations 2020.
(2) Regulations 1 to 17 come into force on 31st December 2020.
(3) Regulation 18 comes into force on IP completion day.
PART 2
Enforcement Provisions
Interpretation
2. In Part 2 of these Regulations—
“the 2009 EU Regulation” means Regulation (EC) No 1222/2009of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters, as it has effect in EU law4;
“the 2009 Regulation” means Regulation (EC) No 1222/2009of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters;
“the 2020 Regulation” means Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/20095, as it has effect in EU law as amended from time to time;
“enforcement authority” means the Secretary of State;
“officer” means, except in relation to the expression “Officer of Revenue and Customs”, a person authorised by the enforcement authority to assist the authority in enforcing Part 2 of these Regulations, the 2009 Regulation, the 2009 EU Regulation or the 2020 Regulation;
“relevant requirement” means—
(a) in respect of England and Wales or Scotland, the requirements and obligations in Articles 4 to 7 of the 2009 Regulation;
(b) in respect of Northern Ireland in the period up to and including 30th April 2021, the requirements and obligations in Articles 4 to 7 of the 2009 EU Regulation; and
(c) in respect of Northern Ireland on or after 1st May 2021, the requirements and obligations in Articles 4 to 9 of the 2020 Regulation;
“relevant tyre” means a tyre to which the enforcement authority, an officer or an Officer of Revenue and Customs considers the 2009 Regulation, the 2009 EU Regulation or the 2020 Regulation applies.
Duty to enforce
3. The enforcement authority must enforce the relevant requirements.
Compliance notice
4.—(1) Where the enforcement authority considers that there has been a breach of a relevant requirement, the enforcement authority may serve a compliance notice on the person considered to be in breach.
(2) A compliance notice must—
(a)
(a) be in writing;
(b)
(b) set out the reasons why the enforcement authority considers that there has been a breach of a relevant requirement;
(c)
(c) describe the steps required to remedy the breach;
(d)
(d) specify the date by which the breach must be remedied; and
(e)
(e) specify the likely amount of the civil penalty to be imposed if there is a failure to rectify the breach and the basis on which it is calculated.
Civil penalties
5.—(1) Where a person does not comply with a compliance notice served under regulation 4, the enforcement authority may require that person to pay a civil penalty.
(2) Where the enforcement authority considers that there has been a breach of—
(a)
(a) a relevant requirement; or
(b)
(b) an enforcement obligation,
the enforcement authority may require the person in breach to pay a civil penalty.
(3) The enforcement authority may not require a person to pay a civil penalty pursuant to paragraph (1) or (2) if the person shows that there was a reasonable excuse for the non-compliance or the breach.
(4) The enforcement authority may require a person to pay a civil penalty pursuant to paragraph (2)(a) without first serving a compliance notice under regulation 4 if it considers it appropriate to do so.
(5) The amount of a civil penalty imposed under Part 2 of these Regulations may not exceed £1,000 for each breach of a relevant requirement or of an enforcement obligation.
(6) The civil penalty is payable to the enforcement authority.
(7) In this regulation 5, “enforcement obligation” means the requirements and obligations in regulations 10 and 11(6).
Notification of penalty decision
6.—(1) If the enforcement authority decides to require a person to pay a civil penalty under Part 2 of these Regulations, the enforcement authority must serve a penalty notice on that person.
(2) A penalty notice must—
(a)
(a) be in writing;
(b)
(b) state the enforcement authority’s reasons for deciding to require the person to pay a civil penalty;
(c)
(c) state the amount of the civil penalty;
(d)
(d) specify the date on which it is served;
(e)
(e) specify the date, at least 28 days after the date specified in the notice as the date on which it is served, before which the civil penalty must be paid;
(f)
(f) specify how the civil penalty must be paid;
(g)
(g) include an explanation of the steps that the person may take if the person objects to the civil penalty (including specifying the manner and form in which any notice of objection must be served on the enforcement authority); and
(h)
(h) include an explanation of the steps the enforcement authority may take to recover any unpaid civil penalty.
Objection to penalty decision
7.—(1) The recipient of a penalty notice (“the recipient”) may object to the penalty notice by serving a notice of objection on the enforcement authority.
(2) A notice of objection must—
(a)
(a) give the reasons for the objection;
(b)
(b) be served on the enforcement authority in the manner and form specified in the penalty notice;
(c)
(c) be served before the end of the period of 28 days beginning with the date specified in the penalty notice as the date on which it is served.
(3) Where the enforcement authority receives a notice of objection, the enforcement authority must consider it and—
(a)
(a) cancel the civil penalty;
(b)
(b) reduce the civil penalty;
(c)
(c) increase the civil penalty; or
(d)
(d) determine not to alter the civil penalty.
(4) After reaching a decision as to how to proceed under paragraph (3), the enforcement authority must serve on the recipient a written notification of the decision.
(5) A notification under paragraph (4) must be served before the end of the period of 70 days beginning with the date specified in the penalty notice as the date on which it is served, or such longer period as the enforcement authority may agree with the recipient.
(6) A notification under paragraph (4), other than one notifying the recipient that the enforcement authority has decided to cancel the civil penalty, must—
(a)
(a) state the amount of the civil penalty following the enforcement authority’s consideration of the notice of objection;
(b)
(b) state the enforcement authority’s reasons for the decision under paragraph (3);
(c)
(c) specify the date, at least 28 days after the date on which the notification is served, before which the civil penalty must be paid;
(d)
(d) specify how the civil penalty must be paid;
(e)
(e) include an explanation of the recipient’s rights of appeal; and
(f)
(f) include an explanation of the steps the enforcement authority may take to recover any unpaid civil penalty.
(7) A notification under paragraph (4) notifying the recipient that the enforcement authority has decided to cancel the civil penalty must state the enforcement authority’s reasons for the decision under paragraph (3).
Appeals
8.—(1) A person (“the appellant”) may appeal to the court against a decision to require the person to pay a civil penalty under Part 2 of these Regulations.
(2) An appeal may be brought only if the appellant has served a notice of objection and the enforcement authority has—
(a)
(a) reduced the civil penalty under regulation 7(3)(b);
(b)
(b) increased the civil penalty under regulation 7(3)(c); or
(c)
(c) determined not to alter the civil penalty under regulation 7(3)(d).
(3) An appeal must be brought within the period of 28 days beginning with the date on which the enforcement authority’s decision on the notice of objection under regulation 7(4) is served on the person.
(4) On appeal, the court may—
(a)
(a) allow the appeal and cancel the civil penalty;
(b)
(b) allow the appeal and reduce the civil penalty; or
(c)
(c) dismiss the appeal.
(5) An appeal—
(a)
(a) is to be a re-hearing of the enforcement authority’s decision to impose a civil penalty; and
(b)
(b) may be determined having regard to matters of which the enforcement authority was unaware.
(6) Paragraph (5)(a) has effect despite any provision of rules of court.
(7) In this regulation, a reference to “the court” is a reference—
(a)
(a) in England and Wales, to the county court;
(b)
(b) in Scotland, to the sheriff; and
(c)
(c) in Northern Ireland, to the county court.
(8) But—
(a)
(a) the county court in England and Wales, or a county court in Northern Ireland, may transfer proceedings under this...
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