Actually it didn't pass into UK law until 11.12.2006, under Statutory Instrument 2006/2935.
That's not the information I have. The deadline date of 9th November 2003 in the quote below was a Sunday and I understand this was read into law in parliament on Monday 10th. The point is academic though, it is in force.
"The EU Directive 2002/24/EC comes into effect on
May 9, 2003 and will replace the current Directive
92/61/EEC.
Until May 9, 2003 the current national regulations concerning the status of pedelecs will remain unchanged.
After May 9, 2003, the EU Member States have the choice of either keeping their current regulations for another 6 months or changing over to the EU-directive.
By November 9, 2003 all Members of the EU are required to integrate this Directive into their national legislation and abolish their previous regulations."
It only mentions this in a negative sense, saying that the regulations don't apply to electric cycles below this power (amongst other things).
Agreed, but the inference is the same. If a 250 watt compliant pedelec is presented to the Vehicle Inspectorate who work to this type approval law, they are entitled to say that it does not need type approval and can be challenged to say so. And from articles 15/1 and 20/3 respectively:
"Member States shall not prohibit the placing on the market, sale, entry into service or use of new vehicles complying with this Directive."
"From 9 May 2003 Member States shall not prohibit the first entry into service of vehicles complying with this Directive."
Again negative senses, but since the order exempts a compliant 250 watt pedelec from type approval, the insistence of the UK that one does is an arguable breach.
I have read and re-read these regulations and cannot find the clause that requires removal of conflicting legislation. I have seen such a clause in other regulations though. Anyway, the traditional UK regulations from 1983 don't conflict with the EU ones. They create an overlap that clearly requires some electric cycles that are authorised under the UK regs to be type-approved after 2006.
When 2002/24/EC was passed to member states on 9th May 2003, it was accompanied by this order to remove conflicting regulations at the same time as it's implementation, with the deadline of 9th November 2003 repeated as the time limit for this to be done. The UK clearly did not do this. I don't have an online reference to this accompanying instruction.
.