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Cancellation and withdrawal of approval

Environmental Protection and Management (Vehicular Emissions) Regulations

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—(1) Any approval of a vehicle examiner granted under this regulation shall cease to have effect —(a)where the person specified in the approval is an individual, on the death or bankruptcy of that individual;(b)where the person specified in the approval is a partnership firm, on the dissolution of that firm; or(c)where the person specified in the approval is a body corporate, on the making of an order or the passing of a resolution for the winding up of that body corporate, not being a winding up for the purpose of amalgamation or reconstruction only.(2) A reference to the bankruptcy of an individual in paragraph (1)(a) shall be read as a reference to the making of a bankruptcy order against him, his filing a bankruptcy application or his making an arrangement with or assignment in favour of his creditors.(3) An approved vehicle examiner may at any time give notice to the Director-General stating that after such date as may be specified in the notice the examiner does not propose to continue to act as an approved vehicle examiner under these Regulations as may be specified in the notice.(4) The date on which an approved vehicle examiner ceases to act as an approved vehicle examiner shall not be earlier than 3 months after the date of any notice given by him under paragraph (3).(5) The Director-General may, by notice in writing, cancel any approval granted under this regulation to any vehicle examiner to carry out re-examination of motor vehicles under regulation 12 or 14 if the Director-General is satisfied that the approved vehicle examiner —(a)has failed to comply with regulation 16(5) or (6) or with any condition of approval imposed under regulation 16(4)(a); or(b)is for any reason not able to discharge his duties under these Regulations effectively or efficiently.(6) Except where it is otherwise specified, the date of any such cancellation of approval shall not be earlier than 28 days after the date of the notice under paragraph (5).(7) If, within 14 days from the date of the notice, the Director-General receives from the approved vehicle examiner to whom that notice is given or from any person acting on behalf of that examiner representations to the effect that any approval to which that notice relates should not be withdrawn, the Director-General shall consider these representations and make such investigations in respect thereof as he thinks fit.

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