Deregulation Bill (HC Bill 162)

(b) any contract of employment (other than an approved English
apprenticeship agreement) in connection with which training
is provided.”

18 Omit section 105.

19 5In section 121, in subsection (1)—

(a) omit the definition of “apprenticeship agreement”;

(b) after the definition of “apprenticeship training” insert—

• ““approved English apprenticeship” has the meaning given by
  section A1(2);”.

20 10In section 267, in subsection (2), for “Chapter 1” substitute “Chapter A1”.

Part 3 Apprenticeships: Wales

21 Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 is
amended as follows.

22 (1) 15Section 18 (Welsh issuing authority) is amended as follows.

(2) For subsection (2) substitute—

“(2) The power to designate conferred by this section may not be
exercised in such a way that there is at any time more than one
person designated to issue apprenticeship frameworks relating to a
20particular apprenticeship sector.”

(3) For subsection (5) substitute—

“(5) In this Chapter, the “Welsh issuing authority”, in relation to an
apprenticeship framework, means—

(a) the person (if any) designated under this section to issue
25frameworks of that description;

(b) if there is no-one so designated, the Welsh Ministers.”

23 In section 19 (issue: Wales), in subsection (2)—

(a) after “withdrawn” insert “by the Welsh issuing authority”;

(b) omit paragraphs (a) and (b).

24 (1) 30Section 20 (recognised Welsh frameworks: notification and publication) is
amended as follows.

(2) In subsection (1)(b), at the beginning insert “if the issuing authority is not the
Welsh Ministers,”.

(3) In subsection (3)—

(a) 35for “A person who” substitute “A Welsh issuing authority which”;

(b) in paragraph (b), for “in the case of withdrawal otherwise than by the
Welsh Ministers,” substitute “in the case where the issuing authority
are not the Welsh Ministers,”.

Section 5

SCHEDULE 2 Driving instructors

Part 1 Amendments of Part 5 RTA 1988 (as amended by RSA 2006)

1 5Part 5 of the Road Traffic Act 1988 (driving instruction), as amended by
Schedule 6 to the Road Safety Act 2006, is amended as follows.

2 In section 124 (exemption from prohibitions imposed by section 123)—

(a) in subsection (3), for “in particular, consist of” substitute “in
particular—

“(a) 10include the circumstance that a person holds a current
emergency control certificate (and authorise the
person to apply to undergo an emergency control
assessment for the purpose of obtaining such a
certificate);

(b) 15consist of”;

(b) after subsection (5) insert—

“(6) In this Part “emergency control assessment” and “emergency
control certificate” mean an assessment and a certificate
under section 133A of this Act.”

3 (1) 20Section 125 (register) is amended as follows.

(2) After subsection (3) insert—

“(3A) If an applicant is aware that he is suffering from a relevant or
prospective disability, his application under subsection (2) must be
accompanied by written notification of the nature and extent of his
25disability.

(3B) Any person who fails without reasonable excuse to comply with the
requirement imposed by subsection (3A) is guilty of an offence.

(3C) The Registrar may, in the circumstances mentioned in subsection
(3D), require an applicant to submit himself for an emergency
30control assessment (whether or not the applicant already holds an
emergency control certificate) in connection with his application
under subsection (2).

(3D) Those circumstances are that the Registrar has reasonable grounds
for believing that the applicant would be unable to take control of a
35motor vehicle of the class in which instruction is to be given if an
emergency arose while he was giving driving instruction in such a
motor vehicle.”

(3) After subsection (5) insert—

“(5A) In this Part “disability”, in respect of motor vehicles of any
40description, means a want of physical ability affecting the driving of
motor vehicles of that description; and

(a) “relevant disability”, in relation to a person, means any
prescribed disability or any other disability likely to cause the

driving of a vehicle of the description in question by him to
be a source of danger to the public;

(b) “prospective disability”, in relation to a person, means any
other disability which, at the material time, is not of such a
5kind that it is a relevant disability but, by virtue of the
intermittent or progressive nature of the disability or
otherwise, may become a relevant disability in the course of
time.”

(4) Omit subsection (6).

4 (1) 10Section 125ZA (conditions of registration) is amended as follows.

(2) In subsection (2)—

(a) omit the “and” at the end of paragraph (b);

(b) after paragraph (c) insert “, and

(d) in the case of persons who have been required under
15section 125(3C) to submit themselves for emergency
control assessments, conditions requiring the persons
to hold current emergency control certificates.”

(3) In subsection (4)—

(a) after paragraph (b) insert—

“(ba) 20conditions requiring the persons, if at any time
required to do so by the Registrar in the
circumstances mentioned in section 125(3D), to
submit themselves for emergency control
assessments (whether or not they already hold
25emergency control certificates) on such days (within
such periods as may be prescribed) and at such places
as may be specified by the Registrar,

(bb) conditions requiring the persons to hold an
emergency control certificate following any such
30assessment,”;

(b) in paragraph (c), for “and (c)” substitute “, (c) and (d)”;

(c) omit the “and” at the end of paragraph (c);

(d) after paragraph (c) insert—

“(ca) conditions requiring that, if instruction in the driving
35of a motor vehicle is to be given in circumstances
where there is a reasonable expectation of an
emergency arising which necessitates the instructor
taking control of the vehicle, the persons will only
give such instruction if they would be able to take
40control of the vehicle if such an emergency arose
while giving the instruction, and”.

5 Omit sections 125A and 125B (registration of disabled persons and
supplementary provision).

6 In section 126 (duration of registration), omit subsection (5).

7 45In section 127 (extension of duration of registration), in subsection (4)—

(a) omit paragraph (a) and the “and” following it;

(b) in paragraph (b), omit “in any other case,”.

8 In section 128 (termination of registration by Registrar), in subsection (2)—

(a) omit paragraph (a) and the “and” following it;

(b) in paragraph (b), omit “in any other case,”.

9 After section 128A insert—

“128B Direction to disregard emergency control assessment requirement

(1) 5This section applies where a person has been required under section
125(3C), or as mentioned in section 125ZA(4)(ba), to submit himself
for an emergency control assessment.

(2) At any time before the assessment takes place the Registrar may
withdraw the requirement (in which case this Part applies as if the
10requirement had never been imposed).

(3) At any time after the assessment takes place the Registrar may direct
that the requirement is to be disregarded for the purposes of this Part
(and accordingly any condition that the person holds an emergency
certificate is to cease to apply).

(4) 15Notice of—

(a) the withdrawal of a requirement under subsection (2), or

(b) a direction under subsection (3),

must be given to the person on whom the requirement was
imposed.”

10 20In section 133 (review of examinations etc)—

(a) in subsection (2)(a), omit “or 125A(6)(a)”;

(b) in subsection (2)(b), omit “or 125A(7A)(a)”.

11 (1) Section 133A (assessment of ability to control a motor car in an emergency)
is amended as follows.

(2) 25In subsection (2)—

(a) in paragraph (a), for “class covered by his disabled person’s driving
licence” substitute “prescribed class”;

(b) in paragraph (b), for “class covered by his disabled person’s driving
licence” substitute “prescribed class”;

(c) 30in the closing words, for “an appropriate” substitute “a”.

(3) In subsection (6)—

(a) in paragraph (a), for “class covered by his disabled person’s limited
driving licence” substitute “prescribed class”;

(b) in paragraph (b), for “class covered by his disabled person’s limited
35driving licence” substitute “prescribed class”.

(4) In subsection (7)(a), omit “covered by his disabled person’s limited driving
licence”.

(5) After subsection (9) insert—

“(10) In this Part, “modifications”, in relation to a motor vehicle, includes
40equipment.”

(6) In the heading, omit “disabled person’s”.

(7) In the italic cross-heading before section 133A omit “Disabled Persons:”.

12 (1) Section 133B (further assessments) is amended as follows.

(2) Omit subsection (1).

(3) After subsection (2) insert—

“(2A) A person may, for the purpose of obtaining an emergency control
certificate, apply to undergo a further emergency control assessment
5if—

(a) he has been required to submit himself for an emergency
control assessment under section 125(3C) or as mentioned in
section 125ZA(4)(ba),

(b) on completing that assessment, the assessor refused to grant
10him an emergency control certificate, and

(c) the application for the further assessment is made in such
circumstances as may be prescribed.”

(4) Omit subsection (3).

(5) In subsection (4), for “subsection (1) above” substitute “subsection (5A)”.

(6) 15After subsection (5) insert—

“(5A) A person may not apply to undergo a further emergency control
assessment under subsection (4) until after the end of—

(a) the period of six months beginning with the date of his most
recent previous assessment, or

(b) 20such other period as may be prescribed by regulations.”

13 In section 133C (duty to disclose further disability), in subsection (2)—

(a) in the opening words, omit “disabled”;

(b) in paragraph (a), for “125A(3)” substitute “125(3A)”.

14 (1) Section 133D (offences relating to giving of paid driving instruction) is
25amended as follows.

(2) Before subsection (2) insert—

“(1A) This section applies to registered instructors who have undergone
emergency control assessments in accordance with a requirement
imposed under section 125(3C) or as mentioned in section
30125ZA(4)(ba).”

(3) In subsections (2) and (3), for “registered disabled instructor” substitute
“registered instructor to whom this section applies”.

(4) After subsection (3) insert—

“(3A) Subsection (3) does not apply if the person to whom the instruction
35is given holds a full licence granted under Part 3 which is not limited
by virtue of a notice served under section 92(5)(b).”

(5) In subsection (4), in the opening words, for “registered disabled instructor”
substitute “registered instructor to whom this section applies”.

(6) In the heading, omit “by disabled person”.

15 40In section 142 (index to Part 5), in the index—

(a) omit the following expressions and the corresponding relevant
provisions—

• “Appropriate motor vehicle”;

Deregulation BillPage 55

• “Disabled person’s limited driving licence”;

• “Registered disabled instructor”;

(b) in the entry for the expressions “disability, prospective disability and
relevant disability”, in the corresponding relevant provision, for
5“125A(8)” substitute “125(5A)”;

(c) in the entry for the expressions “emergency control assessment and
emergency control certificate”, in the corresponding relevant
provision, for “125A(8)” substitute “124(6)”;

(d) in the entry for the expression “modifications, in relation to a motor
10vehicle”, in the corresponding relevant provision, for “125A(8)”
substitute “133A(10)”.

Part 2 Transitory amendments of Part 5 RTA 1988 (before amendment by RSA 2006)

16 Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 5 of
15the Road Traffic Act 1988 (driving instruction) has effect as if it were
amended as follows.

17 (1) Section 125 (the register of approved instructors) has effect as if it were
amended as follows.

(2) After subsection (2) insert—

“(2A) 20If an applicant is aware that he is suffering from a relevant or
prospective disability, his application under subsection (2) must be
accompanied by written notification of the nature and extent of his
disability.

(2B) Any person who fails without reasonable excuse to comply with the
25requirement imposed by subsection (2A) is guilty of an offence.

(2C) The Registrar may, in the circumstances mentioned in subsection
(2D), require an applicant to submit himself for an emergency
control assessment (whether or not the applicant already holds an
emergency control certificate) in connection with his application
30under subsection (2).

(2D) Those circumstances are that the Registrar has reasonable grounds
for believing that the applicant would be unable to take control of a
motor car of a prescribed class if an emergency arose while he was
giving driving instruction in such a motor car.”

(3) 35In subsection (3)—

(a) omit the “and” at the end of paragraph (d);

(b) after paragraph (d) insert—

“(da) in the case of an applicant who has been required
under subsection (2C) to submit himself for an
40emergency control assessment, he holds a current
emergency control certificate, and”.

(4) In subsection (5), for the words from “condition” to the end substitute

“following conditions—

“(a) that, so long as his name is on the register, the person will, if
at any time required to do so by the Registrar, submit himself
for—

(i) 5such test of continued ability and fitness to give
instruction in the driving of motor cars (which may
consist of practical and other means of assessment) as
may be prescribed;

(ii) an emergency control assessment (whether or not the
10person already holds an emergency control
certificate) on the day (within such period as may be
prescribed) and at the place specified by the Registrar;
and

(b) that, so long as his name is on the register, if instruction in the
15driving of a motor car is to be given in circumstances where
there is a reasonable expectation of an emergency arising
which necessitates the instructor taking control of the motor
car, the person will only give such instruction if he would be
able to take control of the motor car if such an emergency
20arose while he was giving the instruction.”

(5) After subsection (5) insert—

“(5A) The Registrar may impose a requirement as mentioned in subsection
(5)(a)(ii) only in the circumstances mentioned in subsection (2D).”

(6) After subsection (7) insert—

“(7A) 25A person shall be exempt from the condition mentioned in
subsection (3)(da) if—

(a) the Secretary of State is satisfied that satisfactory provision is
made by the law of Northern Ireland for purposes
corresponding to section 133A, and

(b) 30the person satisfies the Registrar that he holds a current
certificate granted under that law which corresponds to an
emergency control certificate granted under section 133A.”

(7) After subsection (8) insert—

“(8A) Subsection (8B) applies if—

(a) 35a person undergoes an emergency control assessment in
accordance with a requirement imposed under subsection
(2C) or as mentioned in subsection (5)(a)(ii),

(b) the assessor refuses to grant the applicant an emergency
control certificate, and

(c) 40as a result the person is not registered, or the person’s name
is removed from the register (as the case may be).

(8B) The person may not make a further application for registration
before the end of—

(a) the period of 6 months beginning with the date of the
45emergency control assessment mentioned in subsection
(8A)(a), or

(b) such other period as may be prescribed,

unless the Registrar is satisfied that there is good reason for
permitting such an application before the end of that period.”

(8) Omit subsection (9).

(9) In subsection (10), for the words after “In this Part of this Act” substitute “—

• 5Community licence” and “counterpart”, in relation to a
  Community licence, have the same meanings as in Part 3 of
  this Act;

• “disability” means a want of physical ability affecting the
  driving of motor cars; and

  (a)

  10“relevant disability”, in relation to a person, means
  any prescribed disability or any other disability likely
  to cause the driving of a motor car by him to be a
  source of danger to the public;

  (b)

  “prospective disability”, in relation to a person,
  15means any other disability which, at the material
  time, is not of such a kind that it is a relevant disability
  but, by virtue of the intermittent or progressive
  nature of the disability or otherwise, may become a
  relevant disability in the course of time;

• 20“emergency control assessment” and “emergency control
  certificate” mean an assessment and a certificate under
  section 133A.”

18 Part 5 has effect as if sections 125A and 125B (registration of disabled
persons and supplementary provision) were omitted.

19 25Section 126 (duration of registration) has effect as if subsection (4) were
omitted.

20 (1) Section 127 (extension of duration of registration) has effect as if it were
amended as follows.

(2) In subsection (3)—

(a) 30in the opening words, omit “Except in the case of a registered
disabled instructor,”;

(b) in paragraph (a), for “such test as is mentioned in section 125(5)”
substitute “such test or assessment as is mentioned in section
125(5)(a)(i) or (ii)”;

(c) 35omit the “and” at the end of paragraph (d);

(d) after paragraph (d) insert—

“(da) that, in the case of a person who—

(i) when he applied to be registered, was
required under section 125(2C) to submit
40himself for an emergency control assessment,
or

(ii) at any time during the period mentioned in
paragraph (a) was required as mentioned in
section 125(5)(a)(ii) to submit himself for such
45an assessment,

he holds a current emergency control certificate, and”.

(3) Omit subsection (3A).

(4) In subsection (4)—

(a) in paragraph (a), omit “in the case of its retention by virtue of
subsection (3) above,”;

(b) in paragraph (a), for “condition” substitute “conditions”;

(c) omit the “and” at the end of paragraph (a);

(d) 5omit paragraph (b).

21 (1) Section 128 (removal of names from register) has effect as if it were amended
as follows.

(2) In subsection (2)—

(a) in the opening words, omit “Except in the case of a registered
10disabled instructor,”;

(b) in paragraph (c), for “test such as is mentioned in section 125(5)”
substitute “test or assessment such as is mentioned in section
125(5)(a)(i) or (ii)”;

(c) after paragraph (d) insert—

“(da) 15that an assessor refused to grant him an emergency
control certificate on completing an emergency
control assessment of him following a requirement
imposed as mentioned in section 125(5)(a)(ii),

(db) that he gave instruction in the driving of a motor car
20in breach of the condition in section 125(5)(b) (ability
to take control of motor car in an emergency),”.

(3) Omit subsection (2A).

(4) In subsection (8)(b), for “(5)” substitute “(5)(a)(i)”.

(5) Omit subsection (9).

22 25Part 5 has effect as if after section 128 there were inserted—

“128ZZA Direction to disregard emergency control assessment requirement

(1) This section applies where a person has been required under section
125(2C), or as mentioned in section 125(5)(a)(ii), to submit himself for
an emergency control assessment.

(2) 30At any time before the assessment takes place the Registrar may
withdraw the requirement (in which case this Part applies as if the
requirement had never been imposed).

(3) At any time after the assessment takes place the Registrar may direct
that the requirement is to be disregarded for the purposes of this Part
35(and accordingly any condition that the person holds an emergency
certificate is to cease to apply).

(4) Notice of—

(a) the withdrawal of a requirement under subsection (2), or

(b) a direction under subsection (3),

40must be given to the person on whom the requirement was
imposed.”

23 (1) Section 129 (licences for giving instruction so as to obtain practical
experience) has effect as if it were amended as follows.

(2) In subsection (1), for the words from “either” to the end substitute “such part
of the examination referred to in section 125(3)(a) as consists of a practical
test of ability and fitness to instruct”.

(3) After subsection (1) insert—

“(1A) 5An application for a licence to give paid instruction in the driving of
a motor car must be made to the Registrar, in the manner determined
by the Secretary of State, accompanied by particulars so determined.

(1B) The Registrar may, in the circumstances mentioned in subsection
(1C), require the applicant to submit himself for an emergency
10control assessment in connection with the application.

(1C) Those circumstances are that the Registrar has reasonable grounds
for believing that the person in question would be unable to take
control of a motor car of a prescribed class if an emergency arose
while he was giving driving instruction in such a motor car.”

(4) 15For subsection (2) substitute—

“(2) Where a person duly applies for a licence, the Registrar must, on
payment of such fee, if any, as may be prescribed, grant to the
applicant a licence to give paid instruction in the driving of a motor
car if the Registrar is satisfied—

(a) 20that the applicant has passed the other parts of the
examination referred to in subsection (1),

(b) that the conditions set out in section 125(3)(b), (c), (d) and (e)
are fulfilled in the applicant’s case, and

(c) in the case of an applicant who has been required under
25subsection (1B) to submit himself for an emergency control
assessment, he holds a current emergency control certificate.”

(5) In subsection (5), omit “, subject to subsection (5A) below,”.

(6) After subsection (5) insert—

“(5ZA) Those conditions may (in particular) include—

(a) 30a condition requiring the person to whom the licence was
granted, if required to do so by the Registrar at any time
when the circumstances mentioned in subsection (1C) apply,
to submit himself for an emergency control assessment
(whether or not the person already holds an emergency
35control certificate) on such day (within such period as may be
prescribed) and at such place as may be specified by the
Registrar;

(b) a condition requiring that, if instruction in the driving of a
motor car is to be given in circumstances where there is a
40reasonable expectation of an emergency arising which
necessitates the instructor taking control of the car, the
person will only give such instruction if he would be able to
take control of the car if such an emergency arose while
giving the instruction.”

(7) 45Omit subsections (5A) and (5B).

24 (1) Section 130 (revocation of licence) has effect as if it were amended as follows.