section 125(5)(a)(ii) to submit himself for such
an assessment,

he holds a current emergency control certificate, and”.

(3) Omit subsection (3A).

(4) 5In 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) 10omit 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
15disabled 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) 20that 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
25in 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 30Part 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) 35At 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
40(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),

must 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) 5In 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) An application for a licence to give paid instruction in the driving of
10a 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
control assessment in connection with the application.

(1C) 15Those 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) For subsection (2) substitute—

“(2) 20Where 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) that the applicant has passed the other parts of the
25examination 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
subsection (1B) to submit himself for an emergency control
30assessment, 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) a condition requiring the person to whom the licence was
35granted, 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
control certificate) on such day (within such period as may be
40prescribed) 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
reasonable expectation of an emergency arising which
45necessitates 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) Omit subsections (5A) and (5B).

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

(2) 5In subsection (2)—

(a) in the opening words omit “Except in the case of a licence granted by
virtue of subsection (2)(b) of section 129 of this Act,”;

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

(c) after paragraph (b) insert—

“(ba) 10that 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 129(5ZA)(a), or”.

(3) Omit subsection (2A).

25 (1) 15Section 133A (assessment of ability to control a motor car in an emergency)
has effect as if it were amended as follows.

(2) In subsection (2)—

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

(b) 20in paragraph (b), for “class covered by his disabled person’s driving
licence” substitute “prescribed class”;

(c) in 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
25driving licence” substitute “prescribed class”;

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

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

(5) 30After subsection (9) insert—

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

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

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

26 (1) 35Section 133B (further assessments) has effect as if it were amended as
follows.

(2) Omit subsection (1).

(3) After subsection (2) insert—

“(2A) A person may, for the purpose of obtaining an emergency control
40certificate, apply to undergo a further emergency control assessment
if—

(a) he has been required to submit himself for an emergency
control assessment under section 125(2C) or as mentioned in
section 125(5)(a)(ii),

(b) on completing that assessment, the assessor refused to grant
5him 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) 10After 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) 15such other period as may be prescribed by regulations.”

27 (1) Section 133C (duty to disclose further disability) has effect as if it were
amended as follows.

(2) In subsection (1)—

(a) for paragraph (a) substitute—

“(a) 20persons whose names are in the register, and”;

(b) in paragraph (b), omit “granted by virtue of subsection (2)(b) of that
section”.

(3) In subsection (2)(a), for “125A(3)” substitute “125(2A), 129(1A)”.

28 (1) Section 133D (offences relating to giving by disabled person of paid driving
25instruction) has effect as if it were amended as follows.

(2) For subsection (1) substitute—

“(1) This section applies to—

(a) persons whose names are in the register, and

(b) persons who hold licences under section 129 of this Act,

30who have undergone emergency control assessments in accordance
with a requirement imposed under section 125(2C) or 129(1B) or as
mentioned in section 125(5)(a)(ii) or 129(5ZA)(a).”

(3) 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).”

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

29 (1) Section 142 (index to Part 5) has effect as if the index were amended as
follows.

(2) 40Omit the following expressions and the corresponding relevant
provisions—

• “Appropriate motor car”;

• “Disabled person’s limited driving licence”;

Deregulation BillPage 74

• “Registered disabled instructor”.

(3) In the entry for the expressions “disability, prospective disability and
relevant disability”, in the corresponding relevant provision, for “125A(8)”
substitute “125(10)”.

(4) 5In the entry for the expressions “emergency control assessment and
emergency control certificate”, in the corresponding relevant provision, for
“125A(8)” substitute “125(10)”.

Part 3 Consequential and related amendments

10Road Traffic (Driving Instruction by Disabled Persons) Act 1993

30 (1) The Road Traffic (Driving Instruction by Disabled Persons) Act 1993 is
amended as follows.

(2) Omit section 1 (registration of disabled persons as driving instructors).

(3) In section 2 (licences allowing disabled persons to give instruction so as to
15obtain practical experience), omit subsection (4).

(4) In the Schedule (related and consequential amendments)—

(a) omit paragraph 5(4);

(b) omit paragraph 6(4) and (5);

(c) omit paragraph 7(4).

20Road Traffic Offenders Act 1988

31 In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution
and punishment of offences: offences under the Traffic Acts), as amended by
Schedule 6 to the Road Safety Act 2006, in the entry for section 125A(4) of the
Road Traffic Act 1988—

(a) 25for “125A(4)” substitute “125(3B)”;

(b) in the second column, omit “onset of, or deterioration in,”.

32 (1) Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 1 of
Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts) has effect as if it
30were amended as follows.

(2) In the entry for section 125A(4) of the Road Traffic Act 1988—

(a) for “125A(4)” substitute “125(2B)”;

(b) in the second column, omit “onset of, or deterioration in,”.

Road Safety Act 2006

33 (1) 35In Schedule 6 to the Road Safety Act 2006, omit paragraphs 6 and 7.

Section 9

SCHEDULE 3 Motor insurance industry: certificates of insurance

1 The Road Traffic Act 1988 is amended as follows.

2 In section 147 (issue and surrender of certificates of insurance and of
5security”)—

(a) in subsection (1A), for the words from “this Part of this Act” to
“subsection (1) above” substitute “subsection (1) as having been
delivered”;

(b) in the heading, omit “and surrender”.

3 10In section 148 (avoidance of certain exceptions to policies or securities), in
subsection (1), for the words from “Where a certificate” to “has been given,”
substitute “Where a policy or security is issued or given for the purposes of
this Part of this Act,”.

4 (1) Section 151 (duty of insurers or persons giving security to satisfy judgment
15against persons insured or secured against third-party risks) is amended as
follows.

(2) In subsection (1), for the words from “a certificate of insurance” to “security
has been given,” substitute “a policy or security is issued or given for the
purposes of this Part of this Act,”.

(3) 20In subsection (2)(a), omit “to which the certificate relates”.

5 In section 152 (exceptions to section 151), in paragraph (c) of subsection (1),
omit the words from “, and also” to the end of the paragraph.

6 In section 153 (bankruptcy, etc, of insured or secured persons not to affect
claims by third parties), in subsection (1), for the words from “a certificate of
25insurance” to “security has been given,” substitute “a person has effected a
policy of insurance or been given a security for the purposes of this Part of
this Act,”.

7 In section 161 (interpretation), omit subsection (2).

Section 13

SCHEDULE 4 30Agricultural Holdings Act 1986: resolution of disputes by third party
determination

1 The Agricultural Holdings Act 1986 is amended as follows.

2 In section 2 (restriction on letting agricultural land for less than from year to
year), after subsection (4) (determination of disputes arising as to the
35operation of the section in relation to any agreement to be by arbitration)
insert—

“(5) Notwithstanding subsection (4) above, the parties to the agreement
may instead refer for third party determination under this Act the
dispute that has arisen as to the operation of this section.”

3 (1) 40Section 6 (right to written tenancy agreement) is amended as follows.

(2) After subsection (1) insert—

“(1A) Where the landlord or tenant has the right under subsection (1)
above to refer the terms of the tenancy to arbitration under this Act,
the landlord and tenant may instead refer the terms of the tenancy
5for third party determination under this Act.”

(3) In subsection (2) (contents of arbitrator’s award)—

(a) in the opening words, after “arbitrator in his award” insert “or (as the
case may be) the third party in his determination”;

(b) in paragraph (b), after “arbitrator” insert “or third party”.

(4) 10In subsection (3) (power of arbitrator to vary rent in consequence of
award)—

(a) after “arbitrator” insert “or third party”;

(b) after “award” insert “or (as the case may be) his determination”.

(5) In subsection (4) (effect of arbitrator’s award)—

(a) 15after “The award of an arbitrator” insert “or (as the case may be) the
determination of a third party”;

(b) after “the award” (in each place where it occurs) insert “or
determination”.

(6) In subsection (6) (period when determination of the terms of the tenancy is
20pending), after “award of an arbitrator” insert “or the determination of a
third party”.

4 In section 7 (model clauses as to the maintenance, repair and insurance of
fixed equipment), in subsection (2) (power for regulations to make provision
for matters arising under them to be determined by arbitration), after
25“arbitration” insert “or third party determination”.

5 (1) Section 8 (arbitration where terms of written agreement are inconsistent
with the model clauses) is amended as follows.

(2) After subsection (2) insert—

“(2A) Where the landlord or tenant has the right under subsection (2)
30above to refer the terms of the tenancy as to the maintenance, repair
and insurance of fixed equipment to arbitration under this Act (or
would have that right but for subsection (6) below), the landlord and
tenant may instead refer those terms for third party determination
under this Act.”

(3) 35In subsection (3) (arbitrator’s duty to consider terms and power to vary
them)—

(a) after “arbitrator” insert “or third party”;

(b) after “arbitration” insert “or (as the case may be) for third party
determination”;

(c) 40after “award” insert “or determination”.

(4) In subsection (4) (power of arbitrator to vary rent in consequence of
award)—

(a) after “arbitrator” insert “or third party”;

(b) after “award” insert “or (as the case may be) his determination”.

(5) 45In subsection (5) (effect of arbitrator’s award)—

(a) after “The award of an arbitrator” insert “or (as the case may be) the
determination of a third party”;

(b) after “the award” (in each place where it occurs) insert “or
determination”.

(6) 5In subsection (6) (references under section to be made at least 3 years
apart)—

(a) after “a reference” insert “to arbitration or third party
determination”;

(b) for “further such reference” substitute “subsequent reference to
10arbitration”;

(c) after “award of the arbitrator” insert “or (as the case may be) the
determination of the third party”.

(7) In the sidenote, after “Arbitration” insert “or third party determination”.

6 (1) Section 9 (transitional arrangements where liability in respect of fixed
15equipment transferred) is amended as follows.

(2) After subsection (1) insert—

“(1A) Where the landlord has the right under subsection (1) above to
require that there shall be determined by arbitration under this Act
and paid by the tenant the amount of any relevant compensation (or
20would have that right but for the expiry of the prescribed period), the
landlord and tenant may instead refer for third party determination
under this Act the question of the amount of any relevant
compensation that the tenant is to be required to pay.”

(3) In subsection (2) (definition of “relevant compensation”), for “subsection (1)
25above” (in the first place where it occurs) substitute “subsections (1) and (1A)
above”.

(4) After subsection (3) insert—

“(3A) Where the tenant has the right under subsection (3) above to require
that there shall be determined by arbitration under this Act a claim
30of a type described in that subsection (or would have that right but
for the expiry of the prescribed period), the tenant and landlord may
instead refer the claim for third party determination under this Act.”

(5) In subsection (4) (provision about disregarding a variation of the terms of a
tenancy as to the maintenance, repair or insurance of fixed equipment), after
35“arbitrator” insert “or third party”.

7 In section 10 (tenant’s right to remove fixtures and buildings), after
subsection (6) (determination by arbitration of any dispute between a
landlord and tenant as to the amount payable by the landlord under
subsection (4) on an election to purchase a fixture or building) insert—

“(6A) 40Notwithstanding subsection (6) above, the landlord and tenant may
instead refer for third party determination under this Act the dispute
that has arisen with respect to the amount payable by the landlord
under subsection (4).”

8 (1) Section 12 (arbitration of rent) is amended as follows.

(2) After subsection (1) insert—

“(1A) The landlord and tenant may instead refer for third party
determination under this Act the question of how much rent is to be
payable in respect of the holding as from the next termination date.”

(3) 5In subsection (2) (arbitrator’s duty to determine rent properly payable)—

(a) after “arbitrator” insert “or third party”;

(b) after “demand for arbitration” insert “or (as the case may be) the
reference for third party determination”.

(4) In subsection (4) (references to the next termination date following the date
10of a demand for arbitration)—

(a) after “a demand for arbitration” insert “, or reference for third party
determination,”;

(b) after “the demand” (in each place where it occurs) insert “or
reference”.

(5) 15In the sidenote, after “Arbitration” insert “or third party determination”.

9 In section 13 (increases of rent for landlord’s improvements), after
subsection (7) (determination of any dispute between a landlord and tenant
under the section to be by arbitration) insert—

“(7A) Notwithstanding subsection (7) above, the landlord and the tenant
20may instead refer the dispute for third party determination under
this Act.”

10 (1) Section 14 (variation of terms of tenancies as to permanent pasture) is
amended as follows.

(2) After subsection (2) insert—

“(2A) 25Where the landlord or tenant has the right under subsection (2)
above to demand that the question described in that subsection shall
be referred to arbitration under this Act, the landlord and tenant may
instead refer that question for third party determination under this
Act.”

(3) 30In subsection (3) (power of arbitrator to direct modification of terms as to
land which is to be maintained as permanent pasture or is to be treated as
arable land and as to cropping)—

(a) after “subsection (2)” insert “or (2A)”;

(b) after “arbitrator” insert “or third party”;

(c) 35after “award” insert “or (as the case may be) his determination”.

(4) In subsection (4) (power of arbitrator to order that, on termination of the
tenancy, the tenant should leave an area of land as permanent pasture or as
temporary pasture sown with certain seeds)—

(a) after “subsection (2)” insert “or (2A)”;

(b) 40after “arbitrator” insert “or third party”.

11 (1) Section 15 (disposal of produce and cropping) is amended as follows.

(2) In subsection (6) (determination by arbitration of question whether tenant
exercising subsection (1) rights in manner likely to injure holding etc), after
“(including an arbitration” insert “or third party determination”.

(3) After subsection (6) insert—

“(6A) Notwithstanding subsection (6) above, the landlord and tenant may
agree that, for the purposes of proceedings brought by the landlord
under paragraph (a) of subsection (5) above, the question described
5in subsection (6) is instead to be referred for third party
determination under this Act.

(6B) On a reference under subsection (6A) above, the determination of the
third party shall, for the purposes of any proceedings brought under
subsection (5) above (including an arbitration or third party
10determination under paragraph (b)) be conclusive proof of the facts
stated in the determination.”

12 (1) Section 20 (compensation for damage by game) is amended as follows.

(2) After subsection (4) (amount of compensation to be determined by
arbitration, in default of agreement) insert—

“(4A) 15Notwithstanding subsection (4) above, the tenant and landlord may
instead refer for third party determination under this Act the
question of the amount of compensation to which the tenant is
entitled.”

(3) After subsection (5) (determination by arbitration of questions as to the
20landlord’s right to be indemnified against claims for compensation by the
person in whom the right to kill and take the wild animals or birds that did
the damage is vested) insert—

“(6) Notwithstanding subsection (5) above, the landlord and the other
person may instead refer for third party determination under this
25Act the questions arising between them under that subsection.”

13 In section 25 (length of notice to quit), in subsection (3) (effect of
determination under section 12 by arbitrator), after “arbitrator” insert “or
third party”.

14 (1) Section 33 (reduction of rent where notice is given to quit part of holding) is
30amended as follows.

(2) After subsection (2) (amount of rent reduction to be determined by
arbitration, in default of agreement) insert—

“(2A) Notwithstanding subsection (2) above, the tenant and landlord may
instead refer for third party determination under this Act the
35question of the amount of any reduction of rent to which the tenant
is entitled under this section.”

(3) In subsection (3) (matters to be taken into account by arbitrator)—

(a) after “arbitration” insert “or third party determination”;

(b) after “arbitrator” insert “or (as the case may be) the third party”.

15 40In section 47 (terms of new tenancy unless varied by arbitration), in the
sidenote, after “arbitration” insert “or third party determination”.

16 (1) Section 48 (arbitration on terms of new tenancy) is amended as follows.

(2) For subsection (3) substitute—

“(3) Where the provisions of this section apply—