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| nEW cLAUSES AND NEW SCHEDULES RELATING TO DRIVING AND TO ROADS, |
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| RAILWAYS, TRAMWAYS AND OTHER MEANS OF TRANSPORT AND AMENDMENTS TO |
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| CLAUSES 8 TO 12 AND 32 TO 35 AND SCHEDULES 2 AND 3 AND 8 TO 10 |
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| To move the following Clause— |
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| | “Removal of restriction on investigation of tramway accidents in Scotland by RAIB |
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| | (1) | The Railways and Transport Safety Act 2003 is amended as follows. |
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| | (2) | In section 14 (extent of Part 1: investigation of railway accidents by Rail Accident |
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| | Investigation Branch), omit subsection (2) (which prevents the Part from |
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| | applying to tramways in Scotland). |
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| | (3) | In consequence of subsection (2), omit section 1(3).” |
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| To move the following Clause— |
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| | “Civil penalties for parking contraventions: enforcement |
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| | (1) | Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic |
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| | contraventions) is amended as follows. |
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| | (2) | After section 78 (notification of penalty charge) insert— |
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| | “78A | Notification of penalty charge: parking contraventions in England |
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| | (1) | Regulations under section 78 must include provision requiring |
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| | notification of a penalty charge to be given by a notice affixed to the |
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| | vehicle where the charge is in respect of a parking contravention on a |
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| | road in a civil enforcement area in England. |
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| | (2) | The regulations may, however, provide that the requirement does not |
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| | apply in circumstances specified in the regulations (which may be framed |
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| | by reference to the type of contravention, the circumstances in which a |
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| | contravention occurs or in any other way) and, where the regulations so |
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| | provide, they may make any such alternative provision for notification as |
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| | is authorised by section 78.” |
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| | (3) | After section 87 insert— |
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| | “87A | Power to prohibit use of devices etc:parking contraventions in |
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| | (1) | The Secretary of State may by regulations make provision to prohibit the |
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| | use by civil enforcement officers of a device of a description specified in |
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| | the regulations, or of records produced by such a device, in connection |
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| | with the enforcement of parking contraventions on a road in a civil |
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| | enforcement area in England. |
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| | (2) | The prohibition may be— |
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| | (b) | limited to particular uses specified in the regulations. |
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| | (3) | The regulations may provide that a general or limited prohibition does |
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| | not apply in circumstances specified in the regulations (which may be |
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| | framed by reference to the type of contravention, the circumstances in |
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| | which a contravention occurs or in any other way). |
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| | (4) | Regulations under this section may amend this Part or any provision |
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| To move the following Clause— |
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| | “Footpaths: provisions to stop up or divert due to privacy, safety or security |
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| | (1) | The Highways Act 1980 is amended as follows. |
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| | (2) | In section 118 (Stopping up of footpaths, birdleways and restricted byways), in |
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| | subsection (1) after “on the ground that it is not needed for public use”, insert “or |
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| | the public need could reasonably be provided by an alternative public right of way |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | When making a determination under subsection (1A) the council and |
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| | Secretary of State shall have regard to the presumption that footpaths |
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| | should not pass through farmyards, gardens, commercial premises or |
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| | other land where privacy, safety or security are an issue.”. |
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| | (4) | In section 119 (Diversion of footpaths, bridleways and restricted byways), |
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| | subsection (6A) after “a public right of way,”, insert “, and the presumption that |
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| | paths should not pass through farmyards, commercial areas, gardens or other land |
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| | where privacy, safety or security is an issue.” |
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| To move the following Clause— |
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| | “Presumed diversion of intrusive public rights of way in limited circumstances |
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| | In section 119 of the Highways Act 1980, after subsection (6A), insert— |
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| | (6B) | Where a path or way passes through the curtilage of a residential |
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| | dwelling including the gardens and driveways of the premises, a working |
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| | farmyard or forestry yard or other operational business or working |
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| | (a) | subsections (6) and (6A) above shall not apply; and |
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| | (b) | the Secretary of State or council shall confirm a public path |
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| | diversion order unless he, or as the case may be, they are satisfied |
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| | that the privacy, safety or security of the premises are not |
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| | adversely affected by the existence or use of the path. |
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| | (6C) | Where the premises have been unlawfully extended to encompass the |
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| | path or way subsection (6B) above do not apply. |
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| | (6D) | In exercising the powers under this section, the Secretary of State and the |
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| | council shall have particular regard to the presumption that public rights |
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| | of way or highways should not pass through the curtilage of residential |
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| | premises including the gardens and driveways of the premises, a working |
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| | farmyard or forestry yard or other operational business or working |
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| To move the following Clause— |
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| | “Presumed extinguishment of intrusive public rights of way in limited circumstances |
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| | In section 118 of the Highways Act 1980, after subsection (6), insert— |
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| | “(6A) | Where a path or way passes through the curtilage of a residential |
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| | dwelling including the gardens and driveways of the premises, a working |
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| | farmyard or forestry yard or other operational business or working |
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| | industrial premises a council shall make and the Secretary of State or the |
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| | council shall confirm an order stopping up a path or way unless he, or as |
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| | the case may be, they are satisfied that— |
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| | (a) | the privacy, safety or security of the premises are not adversely |
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| | affected by the existence or use of the path; or |
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| | (b) | it is possible to divert the path or way such that the privacy, |
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| | safety or security of the premises are not adversely affected by |
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| | the existence or use of the path; or |
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| | (c) | the path or way provides access to a vital local service or amenity |
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| | not otherwise reasonably accessible. |
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| | (6B) | In exercising the powers under this section, the Secretary of State and the |
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| | council shall have particular regard to the presumption that public rights |
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| | of way or highways should not pass through the curtilage of residential |
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| | premises including the gardens and driveways of the premises, a working |
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| | farmyard or forestry yard or other operational business or working |
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| To move the following Clause— |
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| | “Presumed extinguishment of intrusive byways open to all traffic in limited |
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| | In section 116 of the Highways Act 1980, after subsection (1), insert— |
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| | “(1A) | Where a byway open to all traffic passes through the curtilage of a |
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| | residential dwelling including the gardens and driveways of the premises, |
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| | a working farmyard or forestry yard or other operational business or |
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| | working industrial premises it is presumed that diversion of the highway |
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| | so that it does not so pass will make the path more commodious and that |
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| | the highway is unnecessary unless the court is satisfied that— |
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| | (a) | the privacy, safety or security of the premises are not adversely |
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| | affected by the existence or use of the path; or |
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| | (b) | the path or way provides access to a vital local service or amenity |
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| | not otherwise reasonably accessible. |
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| | (1B) | In exercising the powers under this section, the authority and the court |
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| | shall have particular regard to the presumption that a byway open to all |
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| | traffic should not pass through the curtilage of residential premises |
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| | including the gardens and driveways of the premises, a working farmyard |
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| | or forestry yard or other operational business or working industrial |
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| | (1C) | A “byway open to all traffic” means a highway over which the public |
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| | have a right of way for vehicular and all other kinds of traffic, but which |
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| | is used mainly for the purposes for which footpaths and bridleways are |
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| Page 7, line 22, leave out Clause 10, Clause 11 and Clause 12 |
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| Clause 33, page 25, line 32, at end insert— |
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| | “(aa) | the duration of driving licences to be granted to drivers with relevant or |
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| | prospective disabilities;” |
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| Clause 35, page 26, line 4, leave out paragraphs (a) and (b) and insert “in paragraph |
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| (a) leave out from “if new and important evidence” to “discovered” and insert “where |
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| secondary investigations have enabled more new, significant, or important evidence to |
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| become available, having particular regard to— |
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| | (i) | enhancing and preserving the rights of those affected by a |
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| | maritime accident to learn from the proceedings of such |
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| | reinvestigations and conclusions drawn from them; and |
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| | (ii) | future safety issues and measures.”.” |
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| Schedule 2, page 62, line 13, leave out “authorise the person to apply” and insert |
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| Schedule 2, page 62, line 36, leave out “applicant” and insert “person” |
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| Schedule 2, page 65, line 26, at end insert— |
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| | | “unless the Registrar considers it appropriate for the application to be made at |
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| | such earlier time as may be specified by the Registrar.” |
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| Schedule 2, page 66, line 39, leave out “applicant” and insert “person” |
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| Schedule 2, page 69, line 30, leave out paragraph 22 |
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| Schedule 2, page 72, line 2, leave out from “assessment” to end of line 3 and insert |
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| | (i) | under section 125(2C) or 129(1B), or |
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| | (ii) | as mentioned in section 125(5)(a)(ii) or 129(5ZA),” |
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| Schedule 2, page 72, line 15, at end insert— |
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| | | “unless the Registrar considers it appropriate for the application to be made at |
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| | such earlier time as may be specified by the Registrar.” |
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| Schedule 2, page 72, line 37, at end insert— |
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| | | “Part 5 has effect as if after section 133D there were inserted— |
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| | “133E | Direction to disregard emergency control assessment requirement |
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| | (1) | This section applies where a person has been required— |
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| | (a) | under section 125(2C) or 129(1B), or |
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| | (b) | as mentioned in section 125(5)(a)(ii) or 129(5ZA), |
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| | | to submit himself for an emergency control assessment. |
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| | (2) | At any time before the assessment takes place the Registrar may |
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| | withdraw the requirement (in which case this Part applies as if the |
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| | requirement had never been imposed). |
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| | (3) | At any time after the assessment takes place the Registrar may direct |
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| | that the requirement is to be disregarded for the purposes of this Part |
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| | (and accordingly any condition that the person holds an emergency |
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| | certificate is to cease to apply). |
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| | (a) | the withdrawal of a requirement under subsection (2), or |
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| | (b) | a direction under subsection (3), |
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| | | must be given to the person on whom the requirement was imposed.”” |
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| Schedule 2, page 73, line 21, leave out “In” |
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| Schedule 2, page 73, line 23, after “2006,” insert ‘is amended as follows. |
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| Schedule 2, page 73, line 25, at end insert— |
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| | “( ) | in the second column, for “for registration as disabled driving |
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| | instructor” substitute “to be registered in respect of driving |
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| Schedule 2, page 73, line 26, at end insert— |
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| | “(3) | In the entry for section 133C(4) of the Road Traffic Act 1988, in the second |
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| | (4) | In the entry for section 133D of the Road Traffic Act 1988, in the second |
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| | column, for “disabled persons” substitute “persons required to hold an |
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| | emergency control certificates”.” |
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| Schedule 2, page 73, line 32, at end insert— |
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| | “(aa) | in the second column, for “for registration as disabled driving |
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| | instructor” substitute “to be registered in respect of driving |
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| Schedule 2, page 73, line 33, at end insert— |
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| | ‘(3) | In the entry for section 133C(4) of the Road Traffic Act 1988, in the second |
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| | (4) | In the entry for section 133D of the Road Traffic Act 1988, in the second |
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| | column for “disabled persons” substitute “persons required to hold emergency |
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| Schedule 9, page 122, line 26, at end insert— |
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