(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) 5For 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) 10that 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
15subsection (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) 20a 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
25control 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
30reasonable 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) 35Omit subsections (5A) and (5B).

23 (1) Section 130 (revocation of licence) 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 licence granted by
virtue of subsection (2)(b) of section 129 of this Act,”;

(b) 40omit the “or” at the end of paragraphs (a) and (b);

(c) after paragraph (b) insert—

“(ba) that an assessor refused to grant him an emergency
control certificate on completing an emergency
control assessment of him following a requirement
45imposed as mentioned in section 129(5ZA)(a), or”.

(3) Omit subsection (2A).

24 (1) Section 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
5licence” substitute “prescribed class”;

(b) in 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) 10in 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
driving licence” substitute “prescribed class”.

(4) In subsection (7)(a), omit “covered by his disabled person’s limited driving
15licence”.

(5) After 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) 20In the italic cross-heading before section 133A omit “Disabled Persons:”.

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

(2) Omit subsection (1).

(3) After subsection (2) insert—

“(2A) 25A person may, for the purpose of obtaining an emergency control
certificate, apply to undergo a further emergency control assessment
if—

(a) he has been required to submit himself for an emergency
control assessment—

(i) 30under section 125(2C) or 129(1B), or

(ii) as mentioned in section 125(5)(a)(ii) or 129(5ZA),

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

(c) the application for the further assessment is made in such
35circumstances as may be prescribed.”

(4) Omit subsection (3).

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

(6) After subsection (5) insert—

“(5A) A person may not apply to undergo a further emergency control
40assessment 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) such other period as may be prescribed by regulations,

unless the Registrar considers it appropriate for the application to be
made at such earlier time as may be specified by the Registrar.”

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

(2) 5In subsection (1)—

(a) for paragraph (a) substitute—

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

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

(3) 10In subsection (2)(a), for “125A(3)” substitute “125(2A), 129(1A)”.

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

(2) For subsection (1) substitute—

“(1) This section applies to—

(a) 15persons whose names are in the register, and

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

who 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) 20After subsection (3) insert—

“(3A) Subsection (3) does not apply if the person to whom the instruction
is 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”.

28 25Part 5 has effect as if after section 133D there were inserted—

“133E Direction to disregard emergency control assessment requirement

(1) This section applies where a person has been required—

(a) under section 125(2C) or 129(1B), or

(b) as mentioned in section 125(5)(a)(ii) or 129(5ZA),

30to 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
requirement had never been imposed).

(3) At any time after the assessment takes place the Registrar may direct
35that 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) Notice of—

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

(b) 40a direction under subsection (3),

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

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

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

• 5“Appropriate motor car”;

• “Disabled person’s limited driving licence”;

• “Registered disabled instructor”.

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

(4) In 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 15Consequential and related amendments

Road 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) 20In section 2 (licences allowing disabled persons to give instruction so as to
obtain 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) 25omit paragraph 7(4).

Road Traffic Offenders Act 1988

31 (1) 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, is amended as follows.

(2) 30In the entry for section 125A(4) of the Road Traffic Act 1988—

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

(b) in the second column, for “for registration as disabled driving
instructor” substitute “to be registered in respect of driving
instruction”;

(c) 35in the second column, omit “onset of, or deterioration in,”.

(3) In the entry for section 133C(4) of the Road Traffic Act 1988, in the second
column, omit “disabled”.

(4) In the entry for section 133D of the Road Traffic Act 1988, in the second
column, for “disabled persons” substitute “persons required to hold an
40emergency control certificates”.

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
were amended as follows.

(2) 5In the entry for section 125A(4) of the Road Traffic Act 1988—

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

(b) in the second column, for “for registration as disabled driving
instructor” substitute “to be registered in respect of driving
instruction”;

(c) 10in the second column, omit “onset of, or deterioration in,”.

(3) In the entry for section 133C(4) of the Road Traffic Act 1988, in the second
column, omit “disabled”.

(4) In the entry for section 133D of the Road Traffic Act 1988, in the second
column, for “disabled persons” substitute “persons required to hold
15emergency control certificates”.

Road Safety Act 2006

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

Section 9

SCHEDULE 3 Motor insurance industry: certificates of insurance

1 20The Road Traffic Act 1988 is amended as follows.

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

(a) in subsection (1A), for the words from “this Part of this Act” to
“subsection (1) above” substitute “subsection (1) as having been
25delivered”;

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

3 In 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
30this Part of this Act,”.

4 (1) Section 151 (duty of insurers or persons giving security to satisfy judgment
against 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
35has been given,” substitute “a policy or security is issued or given for the
purposes of this Part of this Act,”.

(3) In 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 40In 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

insurance” 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

5SCHEDULE 4 Agricultural 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
10year), after subsection (4) (determination of disputes arising as to the
operation 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
15dispute that has arisen as to the operation of this section.”

3 (1) Section 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,
20the landlord and tenant may instead refer the terms of the tenancy
for 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) 25in paragraph (b), after “arbitrator” insert “or third party”.

(4) In 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) 30In subsection (4) (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) 35In subsection (6) (period when determination of the terms of the tenancy is
pending), 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
40for matters arising under them to be determined by arbitration), after
“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)
5above 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) 10In 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) 15after “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) 20In 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) 25In 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
30arbitration”;

(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
35equipment 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
40would 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)
45above” (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
of a type described in that subsection (or would have that right but
5for 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
“arbitrator” insert “or third party”.

7 10In 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) Notwithstanding subsection (6) above, the landlord and tenant may
15instead 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) 20The 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) In subsection (2) (arbitrator’s duty to determine rent properly payable)—

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

(b) 25after “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
of a demand for arbitration)—

(a) after “a demand for arbitration” insert “, or reference for third party
30determination,”;

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

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

9 In section 13 (increases of rent for landlord’s improvements), after
35subsection (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
may instead refer the dispute for third party determination under
this Act.”

10 (1) 40Section 14 (variation of terms of tenancies as to permanent pasture) is
amended as follows.

(2) After subsection (2) insert—

“(2A) Where 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) In subsection (3) (power of arbitrator to direct modification of terms as to
5land 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) after “award” insert “or (as the case may be) his determination”.

(4) 10In 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) after “arbitrator” insert “or third party”.

11 (1) 15Section 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) 20Notwithstanding 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
in subsection (6) is instead to be referred for third party
determination under this Act.

(6B) 25On 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
determination under paragraph (b)) be conclusive proof of the facts
stated in the determination.”

12 (1) 30Section 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) Notwithstanding subsection (4) above, the tenant and landlord may
instead refer for third party determination under this Act the
35question of the amount of compensation to which the tenant is
entitled.”

(3) After subsection (5) (determination by arbitration of questions as to the
landlord’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
40the damage is vested) insert—

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

13 In section 25 (length of notice to quit), in subsection (3) (effect of
45determination 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
amended as follows.

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

“(2A) 5Notwithstanding subsection (2) above, the tenant and landlord may
instead refer for third party determination under this Act the
question 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) 10after “arbitration” insert “or third party determination”;

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

15 In 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) 15For subsection (3) substitute—

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

(a) the landlord or tenant may by notice in writing served on the
other within the prescribed period demand a reference to
arbitration under this Act of one or both of the questions
20specified in subsection (4) below, or

(b) the landlord and tenant may refer for third party
determination under this Act one or both of those questions.”

(3) In subsection (5) (duties of arbitrator on reference of “question (a)”)—

(a) in the opening words—

(i) 25after “arbitration” insert “or third party determination”;

(ii) after “arbitrator” insert “or (as the case may be) the third
party”;

(b) in paragraph (b), after “award” insert “or determination”.

(4) In subsection (6) (power of arbitrator to vary rent where “question (a)” but
30not “question (b)” referred to arbitration)—

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

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

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

(5) In subsection (7) (duties of arbitrator on reference of “question (b)”)—

(a) 35after “arbitration” insert “or third party determination”;

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

(6) In subsection (10) (power of arbitrator to include further provisions in
award), after “award” insert “or (as the case may be) the third party may
include in his determination”.

(7) 40In subsection (11) (effect of arbitrator’s award made before “the relevant
time”)—

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

(b) after “award” (in the second place where it occurs) insert “or
45determination”.