Deregulation Bill (HL Bill 95)

(2) In subsection (2)—

(a) after “may” insert “(among other things)”;

(b) omit paragraph (b).

(3) Omit subsections (4) and (5).

4 5In section 103 of that Act (means tests), in subsection (1) (as amended by
paragraph 16 of Schedule 13) after “section 100(1)(c), (d) or (e)” insert “or
(1A)”.

Part 2 Consequential amendments

5 10In consequence of the amendments made by Part 1 of this Schedule, the
Apprenticeships, Skills, Children and Learning Act 2009 is further amended
as follows.

Amendments of Part 1

6 For the title of Chapter 1, substitute “Apprenticeships: Wales”.

7 15Omit section 1, and the italic cross-heading before it.

8 Omit sections 3 to 6, and the italic cross-heading before them.

9 In section 11—

(a) in subsection (2), for “the appropriate national authority” substitute
“the Welsh Ministers”;

(b) 20omit subsection (3);

(c) in the italic cross-heading before that section, omit “England and”.

10 In section 12—

(a) omit subsection (3);

(b) in the italic cross-heading before that section, omit “England and”.

11 25Omit sections 13 to 17, and the italic cross-heading before them.

12 Omit sections 23 to 27, and the italic cross-heading before them.

13 In the italic cross-heading before sections 32 to 39, omit “England and”.

14 In section 32, omit subsection (6)(a), and the “or” following it.

15 In section 38—

(a) 30in subsection (1), for “The Secretary of State” substitute “The Welsh
Ministers”;

(b) in subsection (2), for “the Secretary of State” substitute “the Welsh
Ministers”.

16 In section 39, in subsection (1)—

(a) 35in the definition of “apprenticeship certificate”, omit “3, 4,”;

(b) omit the definitions of “English certifying authority”, “English
issuing authority”, “recognised English framework” and “the
specification of apprenticeship standards for England”.

Other amendments of the 2009 Act

17 In section 83, in subsection (5), for paragraphs (a) to (c) substitute—

“(a) an approved English apprenticeship, or

(b) any contract of service (other than an approved English
5apprenticeship agreement) or contract of apprenticeship.”

18 In section 83A—

(a) in subsection (3), for the words from “opportunity to” to the end of
the subsection substitute “opportunity to enter into an approved
English apprenticeship.”;

(b) 10omit subsection (11).

19 (1) Section 83B is amended as follows.

(2) In subsection (1), for the words from “at a particular level” to the end of the
subsection substitute “for the purpose of assisting a person to achieve a
particular approved apprenticeship standard if the person—

(a) 15has already completed an approved English apprenticeship by
achieving that standard,

(b) has already completed an approved English apprenticeship by
achieving another standard and, in doing so, appears to the Secretary
of State to have demonstrated a comparable level of achievement
20(whether or not in the same sector of work), or

(c) has worked under another arrangement and, in doing so, appears to
the Secretary of State to have demonstrated a comparable level of
achievement (whether or not in the same sector of work).”

(3) After that subsection insert—

“(1A) 25Section A1(6) and (7) (which make provision about when a person
completes an approved English apprenticeship and about the
meaning of “approved apprenticeship standard”) apply for the
purposes of subsection (1).”

(4) Omit subsections (2) to (5).

20 30In section 90, in subsection (2), for paragraphs (a) and (b) substitute—

“(a) an approved English apprenticeship, or

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

21 35Omit section 105.

22 In 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
  40section A1(2);”.

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

Part 3 Apprenticeships: Wales

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

25 (1) 5Section 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
10particular 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
15frameworks of that description;

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

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

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

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

27 (1) 20Section 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) 25for “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,”.

Part 4 30Transitional provision

28 The provision that may be included in an order under section 110(8) in
connection with the coming into force of paragraph 1 of this Schedule
includes provision—

(a) for work done by a person under an arrangement described in the
35order to be treated as work done under an approved English
apprenticeship within the meaning of the Apprenticeships, Skills,
Children and Learning Act 2009, where the person begins to work
under the arrangement before the paragraph comes into force and
continues to do so (for any period) afterwards;

(b) 40for a standard published by the Secretary of State before the
paragraph comes into force, in connection with work that by virtue
of provision made under paragraph (a) is treated as work done
under an approved English apprenticeship, to be treated as if it were

an approved apprenticeship standard published under section A2 of
the 2009 Act in relation to the approved English apprenticeship.

Section 8

SCHEDULE 2 Driving instructors

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

1 Part 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) 10in subsection (3), for “in particular, consist of” substitute “in
particular—

“(a) include the circumstance that a person holds a current
emergency control certificate (and require the person
to undergo an emergency control assessment for the
15purpose of obtaining such a certificate);

(b) consist of”;

(b) after subsection (5) insert—

“(6) In this Part “emergency control assessment” and “emergency
control certificate” mean an assessment and a certificate
20under section 133A of this Act.”

3 (1) Section 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
25accompanied by written notification of the nature and extent of his
disability.

(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
30(3D), 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
under subsection (2).

(3D) Those circumstances are that the Registrar has reasonable grounds
35for believing that the person would be unable to take control of a
motor 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
description, means a want of physical ability affecting the driving of
motor vehicles of that description; and

(a) 5“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
10other 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.”

(4) 15Omit subsection (6).

4 (1) Section 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) 20in the case of persons who have been required under
section 125(3C) to submit themselves for emergency
control assessments, conditions requiring the persons
to hold current emergency control certificates.”

(3) In subsection (4)—

(a) 25after paragraph (b) insert—

“(ba) conditions 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
30assessments (whether or not they already hold
emergency 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
35emergency control certificate following any such
assessment,”;

(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) 40conditions requiring that, if instruction in the driving
of 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
45give such instruction if they would be able to take
control 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 In 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 5In 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) 10This 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
15requirement 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) 20Notice 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 25In 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) 30In 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) 35in 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
40driving 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
equipment.”

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

(7) 5In 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
10certificate, 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(3C) or as mentioned in
section 125ZA(4)(ba),

(b) 15on 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
circumstances as may be prescribed.”

(4) Omit subsection (3).

(5) 20In 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
assessment under subsection (4) until after the end of—

(a) the period of six months beginning with the date of his most
25recent 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.”

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

(a) 30in 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
amended as follows.

(2) Before subsection (2) insert—

“(1A) 35This 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
125ZA(4)(ba).”

(3) In subsections (2) and (3), for “registered disabled instructor” substitute
40“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
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).”

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

(a) omit the following expressions and the corresponding relevant
10provisions—

• “Appropriate motor vehicle”;

• “Disabled person’s limited driving licence”;

• “Registered disabled instructor”;

(b) in the entry for the expressions “disability, prospective disability and
15relevant disability”, in the corresponding relevant provision, for
“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) 20in the entry for the expression “modifications, in relation to a motor
vehicle”, 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 25Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 5 of
the 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) 30After subsection (2) insert—

“(2A) 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
disability.

(2B) 35Any person who fails without reasonable excuse to comply with the
requirement 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
40emergency control certificate) in connection with his application
under subsection (2).

(2D) Those circumstances are that the Registrar has reasonable grounds
for believing that the person 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) In subsection (3)—

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

(b) 5after paragraph (d) insert—

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

(4) 10In 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) 15such 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
20person 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
25driving 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
30arose 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) 35A 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) 40the 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) 45a 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) as a result the person is not registered, or the person’s name
is removed from the register (as the case may be).

(8B) 5The 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
emergency control assessment mentioned in subsection
(8A)(a), or

(b) 10such 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 “—

• 15Community licence” has the same meaning as in Part 3 of this
  Act;

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

  (a)

  “relevant disability”, in relation to a person, means
  20any 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,
  means any other disability which, at the material
  25time, 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;

• “emergency control assessment” and “emergency control
  30certificate” 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 Section 126 (duration of registration) has effect as if subsection (4) were
35omitted.

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

(2) In subsection (3)—

(a) in the opening words, omit “Except in the case of a registered
40disabled 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) omit the “and” at the end of paragraph (d);

(d) 45after 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