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"the 1988 Regulations" means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988[3];

"agricultural or forestry tractor" means any motor vehicle, fitted with wheels on at least two axles or with caterpillar tracks, where the main function of the vehicle lies in its tractive power and it is specifically designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use;

"calendar year" means a period of 12 months expiring on 31st December;

"category" means, in relation to an engine, the category specified in column (1) of Table 1 in Schedule 1 to which the engine belongs by virtue of its engine power output and relevant date;

"Council Directive 97/68/EC" means Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery[4];

"Council Directive 2000/25/EC" means Directive 2000/25/EC of the European Parliament and the Council of 22 May 2000 on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors[5];

"EC type approval certificate" means a type approval certificate issued by the Minister under regulation 5 of the 1988 Regulations;

"end of series engine" means a tractor engine, whether or not installed in a tractor, which - 

(a) has not been entered into service for the first time;

(b) is stored within the territory of any member State; and

(c ) either - 


(i) was manufactured to conform with an EC type approval certificate granted on the basis of compliance with EC type approval requirements which did not include the requirements which are currently in force in accordance with Council Directive 2000/25/EC, or

(ii) was not manufactured to comply with any EC type approval certificate;

"enforcement authority" means - 

(a) in Great Britain, the Secretary of State, and in carrying out that duty he may act through the Vehicle Certification Agency, an Executive Agency of the Department for Transport, Local Government and the Regions, and

(b) in Northern Ireland, the Secretary of State or any District Council;

"engine power output" means net power as defined in section 2.4 of Annex I of Council Directive 97/68/EC;

"exempted engine" means an end of series engine designated in accordance with regulation 5;

"limit values" means, in relation to a category of engine, the permitted amounts of carbon monoxide, hydrocarbons, oxides of nitrogen and particulates specified for that category of engine in Table 2 in Schedule 1 determined in accordance with the provisions of Annex III of Council Directive 97/68/EC;

"production date" means, in relation to a relevant engine, its date of manufacture;

"relevant date" means, in relation to a relevant engine, the date specified for the relevant category of engine in column (3) of Table 1 in Schedule 1;

"relevant engine" means a tractor engine to which these Regulations apply by virtue of regulation 3;

"replacement engine" means an engine of a kind referred to in regulation 3(ii);

"tractor engine" means any internal combustion engine operating on the compression ignition principle which is intended to power an agricultural or forestry tractor.

Application of Regulations
     3. These Regulations apply to every tractor engine (whether or not for the time being installed in a tractor) which falls within a category specified in column (1) of Table 1 in Schedule 1 and which is not - 

(i) an engine which is installed or intended to be installed in an agricultural or forestry tractor for export to a state which is not a member State;

(ii) an engine which was manufactured to replace an existing engine in any agricultural or forestry tractor that has been entered into service; or

(iii) an exempted engine.

Prohibition on entering engines into service
     4. No person shall enter into service for the first time on or after the relevant date any relevant engine unless the engine complies with the limit values for the category to which it belongs.

Designation of exempted engines
     5.  - (1) Subject to the following paragraphs, the Secretary of State may, on the application of the manufacturer of an end of series engine, designate that engine as an exempted engine.

    (2) The manufacturer shall before the relevant date submit an application to the Secretary of State which specifies - 

(a) the engines to which the application relates,

(b) any relevant technical or economic issues, and

(c) the total number of tractor engines placed on the market by that manufacturer during the period of 12 months expiring on the previous calendar year.

    (3) The Secretary of State shall not designate an engine for the purposes of this regulation if - 

(b) a period of 12 months has elapsed since the relevant date for that engine; or

(c) the number of engines so designated by him during the current calendar year exceeds, or would exceed, 10 per cent. of the number of tractor engines placed on the market by the manufacturer making the application during the immediately preceding calendar year.

    (4) The Secretary of State shall, within one month of designating an engine for the purposes of the regulation, send to the competent authorities of the other member States particulars of, and reasons for, the exemption granted to the manufacturer.

    (5) The Secretary of State shall at the end of each calendar year, send to the European Commission a list of designations made under this regulation during the year, specifying the technical or economic reasons on which each designation is based.

Enforcement and offences
     6.  - (1) Subject to paragraph (4), it shall be the duty of every enforcement authority to enforce these Regulations within its area.

    (2) Proceedings for an offence under these Regulations shall be instituted - 

(a) in England and Wales, by an enforcement authority;

(b) in Northern Ireland, by or on behalf of the enforcement authority or the Director of Public Prosecutions for Northern Ireland.

    (3) Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings in Scotland for an offence.

    (4) Schedule 2 shall have effect with regard to offences, enforcement and other matters.



Signed by authority of the Secretary of State for Transport


David Jamieson
Parliamentary Under-Secretary of State, Department for Transport

17th July 2002

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 [6] or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)) [7].

Power to make test purchases
     7.  - (1) An enforcement authority shall have power, for the purpose of ascertaining whether regulation 4 has been contravened, to make any purchase of a relevant engine or an agricultural or forestry tractor in which a relevant engine is installed.

    (2) Where - 

(a) a relevant engine, or agricultural or forestry tractor, purchased under this paragraph by or on behalf of an enforcement authority is submitted to a test; and

(b) the test leads to - 


(i) the bringing of proceedings for an offence under paragraph 1(1)(a) in relation to a relevant engine; or

(ii) the serving of a suspension notice in respect of a relevant engine, and



(c) the authority is requested to do so and it is practicable for the authority to comply with the request,

the authority shall allow the person from whom the goods were purchased or any person who is a party to the proceedings or who has an interest in any relevant engine to which the notice relates, to have the engine tested.

Power of search etc.
     8.  - (1) A duly authorised officer of an enforcement authority on - 

(a) identifying himself and producing authority in writing from the enforcement authority which appointed him for the exercise by him of powers conferred on the authority by these Regulations, and

(b) stating the purpose of his actions and his grounds for undertaking them,

has available to him, at all reasonable hours, the powers set out in sub-paragraph (2).

    (2) The powers referred to in sub-paragraph (1) are - 

(a) for the purpose of ascertaining whether an offence under these Regulations has been committed, inspection of any relevant engine, or agricultural and forestry tractor, and entering into any premises other than premises used only as a dwelling;

(b) examine any procedure (including any arrangements for carrying out a test) connected with the manufacture of any relevant engine or agricultural or forestry tractor;

(c) if there are reasonable grounds for suspecting that an offence under these Regulations has been committed, and for the purpose of ascertaining whether it has been committed, requiring any person carrying on, or employed in connection with a business, to produce any records relating to the business and taking copies of, or of any entry in, the records;

(d) if there are reasonable grounds for suspecting that an offence under these Regulations has been committed, seizure and detention of any relevant engine, or agricultural or forestry tractor, for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed.

    (3) For the purposes of sub-paragraph (2), the officer may require information stored electronically to be made available to him in printed form.

    (4) If a justice of the peace is satisfied by any written information on oath - 

(a) that there are reasonable grounds for believing either - 


(i) that a relevant engine, or agricultural or forestry tractor, or records, which a duly authorised officer has the power under this paragraph to inspect, copy, seize or require to be produced, are on any premises and that their inspection, copying, seizure or production is likely to disclose evidence of the commission of an offence under these Regulations; or

(ii) that any offence under these Regulations has been, is being, or is about to be committed on any premises; and



(b) either - 



(i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this sub-paragraph has been given to the occupier; or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,



the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise any officer of an enforcement authority to enter the premises, if need be by force.

    (5) An officer entering any premises by virtue of this paragraph, may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant he shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.

    (6) An officer exercising any power of seizure and detention under this paragraph shall as soon as practicable give to the person against whom the power has been exercised, a written notice - 

(a) stating precisely what has been so seized and detained; and

(b) explaining where, within what period and on what grounds an appeal against such detention may be brought under paragraph 10 (appeals against detention), and whether the things detained would be released while an appeal was pending.

    (7) A person who is not a duly authorised officer of an enforcement authority shall not purport to act as such under this paragraph.

    (8) In the application of this paragraph to Scotland, the reference in sub-paragraph (4) to a justice of the peace shall include a reference to a sheriff, and the references to written information on oath shall be construed as references to evidence on oath.

    (9) In the application of this paragraph to Northern Ireland, the references in sub-paragraph (4) to any information on oath shall be construed as references to any complaint on oath.

Powers of customs officers to detain goods
     9.  - (1) A customs officer may, for the purpose of facilitating the exercise by an enforcement authority, or duly authorised officer of such an authority, of any powers on the authority or officer by these Regulations seize any imported relevant engines or agricultural and forestry tractors in which such an engine is installed or any records, and detain them for not more than two working days.

    (2) Anything seized and detained under this paragraph shall be dealt with during the period of its detention in such manner as the Commissioners of Customs and Excise may direct.

    (3) A customs officer seizing any engine, tractor or records under this paragraph shall inform the person from whom they are seized that such engine, tractor or records have been seized.

    (4) In sub-paragraph (1) the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the goods in question are seized, but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971[8] in the part of the United Kingdom where the goods are seized.

    (5) In this paragraph "customs officer" means any officer within the meaning of the Customs and Excise Management Act 1979[9].

Appeal against detention of goods
     10.  - (1) Any person having an interest in a relevant engine, or agricultural or forestry tractor, which are for time being detained under paragraph 8 by an enforcement authority, or by a duly authorised officer, may apply for an order requiring the relevant engine, or agricultural or forestry tractor, or records, as the case may be to be released to him or to another person.

    (2) An application under this paragraph may be made - 

(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations; or

(b) where no such proceedings have been so brought, by way of complaint to a magistrates' court; or

(c) in Scotland, by summary application to the sheriff.

    (3) A magistrates' court or the sheriff shall not make an order under sub-paragraph (1) unless the court or sheriff is satisfied - 

(a) that proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations in relation to a relevant engine, or agricultural or forestry tractor, or records, or having been brought, has been concluded; and

(b) where no such proceedings have been brought, that more than six months have elapsed since the seizure was carried out.

    (4) Any person aggrieved by an order made under sub-paragraph (3) by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision - 

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Court Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).

Compensation for seizure and detention
     11.  - (1) Where a duly authorised officer of an enforcement authority exercises any power under paragraph 8 seize and detain a relevant engine, or agricultural and forestry tractor, or records, the enforcement authority shall be liable to pay compensation to any person having an interest in a relevant engine, agricultural or forestry tractor or records in respect of any loss or damage caused by reason of the exercise of the power if - 

(a) there has been no contravention of any provision of these Regulations; and

(b) the exercise of the power is not attributable to any neglect or default by that person.

    (2) Any disputed question as to the right to or the amount of any compensation payable under this paragraph, shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

Recovery of the expenses of enforcement
     12.  - (1) This paragraph shall apply where a court convicts a person of an offence in respect of a contravention of any provision of these Regulations.

    (2) The court may (in addition to any other order it may make as to costs or expenses) order the person convicted to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority in connection with any seizure or detention by or on behalf of the authority of a relevant engine, or agricultural or forestry tractor, or records by or on behalf of the authority.

Power of the Commissioners of Customs and Excise to disclose information
     13.  - (1) If they think it appropriate to do so for the purpose of facilitating the exercise by any person to whom sub-paragraph (2) applies of any functions conferred on that person by any provisions of these Regulations, the Commissioners of Customs and Excise may authorise the disclosure to that person of any information obtained for the purposes of the exercise by the Commissioners of their functions in relation to imported goods.

    (2) This sub-paragraph applies to an enforcement authority and to any officer of an enforcement authority.

    (3) A disclosure of information made to any person under sub-paragraph (1) above shall be made in such manner as may be directed by the Commissioners of Customs and Excise and may be made through such persons acting on behalf of that person as may be so directed.

    (4) Information may be disclosed to a person under sub-paragraph (1) whether or not the disclosure of the information has been requested by or on behalf of that person.

Service of documents etc.
     14.  - (1) Any document required or authorised by virtue of these Regulations to be served on a person may be so served - 

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or

(b) if the person is a body corporate, by serving it in accordance with sub-paragraph (a) above on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with that sub-paragraph on a partner or on a person having control or management of the partnership business.

    (2) For the purposes of sub-paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978[10] (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that - 

(a) in the case of service of body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate;

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Savings for certain privileges
     15.  - 

Nothing in these Regulations shall be taken as requiring any person - 

(a) to produce any records if he would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any records which are in the possession of a person who would be so entitled; or

(b) to answer any question or give any information if to do so would incriminate that person or that person's spouse.

[2] 1972 c. 68.back

[3] S.I. 1988/1567; relevant amending instruments are S.I. 1989/2275, 1990/2336, 1992/80, 2000/28 and 2001/1710.back

[4] OJ No. L59, 27.2.98, p.1.back

[5] OJ No. L173, 12.7.2000, p.1.back

[6] 1980 c. 43.back

[7] S.I. 1981/1675 (N.I. 26).back

[8] 1971 c. 80.back

[9] 1979 c. 2.back

[10] 1978 c. 30.back

  Prepared 30 July 2002