|
| |
|
(4) | Before terminating a person’s registration in respect of any |
| |
description of driving instruction, the Registrar must give him |
| |
written notice stating that he is considering terminating the |
| |
registration and giving particulars of the grounds on which he is |
| |
| 5 |
(5) | Where the Registrar gives notice to a person under subsection (4) |
| |
| |
(a) | that person may, within the period of 28 days beginning with |
| |
the day on which the notice is given, make representations |
| |
with respect to the proposed termination, |
| 10 |
(b) | the Registrar must not decide to terminate the registration |
| |
until after the end of that period, and |
| |
(c) | before deciding whether or not to terminate the registration, |
| |
the Registrar must take into consideration any such |
| |
representations made by him within that period. |
| 15 |
(6) | The Registrar must, on making a decision to terminate a person’s |
| |
registration in respect of any description of driving instruction, give |
| |
notice in writing of the decision to the person. |
| |
(7) | A decision to terminate a person’s registration in respect of any |
| |
description of driving instruction shall take effect at the end of the |
| 20 |
period of 14 days beginning with the day on which notice of the |
| |
decision is given (or, if any appeal brought against the appeal under |
| |
the following provisions of this Part of this Act is previously |
| |
withdrawn or dismissed, when the appeal is withdrawn or |
| |
| 25 |
(8) | But the Registrar may, when giving notice of his decision to |
| |
terminate a person’s registration in respect of any description of |
| |
driving instruction, direct that the decision shall instead take effect— |
| |
(a) | where no appeal under the following provisions of this Part |
| |
of this Act is brought against the decision within the time |
| 30 |
limited for the appeal, at the end of that time, |
| |
(b) | where such an appeal is brought and is withdrawn or struck |
| |
out for want of prosecution, on the withdrawal or striking out |
| |
| |
(c) | where such an appeal is brought and not withdrawn or |
| 35 |
struck out for want of prosecution, if and when the appeal is |
| |
dismissed, and not otherwise.” |
| |
11 | After that section insert— |
| |
“128A | Power to give direction as to further applications |
| |
(1) | This section applies when the Registrar decides— |
| 40 |
(a) | to refuse to register a person, |
| |
(b) | to refuse an application for the extension of a person’s |
| |
| |
(c) | to terminate a person’s registration, |
| |
| in respect of any description of driving instruction. |
| 45 |
(2) | The Registrar may direct that any application by that person to be |
| |
registered in respect of that description of driving instruction shall |
| |
not be entertained before the end of such period, not exceeding four |
| |
|
| |
|
| |
|
years beginning with the day on which the decision takes effect, as |
| |
may be specified in the direction. |
| |
(3) | Notice of any such direction must be included in the notice of the |
| |
decision in connection with which it is given.” |
| |
12 | Omit sections 129 and 130 (licences for giving instruction so as to obtain |
| 5 |
practical experience) and the heading before them. |
| |
13 (1) | Section 131 (appeals) is amended as follows. |
| |
(2) | In subsection (1), for paragraphs (a) to (c) substitute— |
| |
“(a) | to refuse an application for his registration or for the |
| |
extension of his registration, |
| 10 |
(b) | to terminate his registration, |
| |
(c) | to give a direction under section 128A of this Act,”. |
| |
| |
(4) | In subsection (3), for paragraph (b) and the word “or” before it substitute— |
| |
“(b) | for the continuation or termination of the registration, or |
| 15 |
(c) | for the revocation or confirmation of the direction or the |
| |
alteration of the period specified in the direction,”. |
| |
(5) | In subsection (4), for the words from the beginning to the end of paragraph |
| |
(b) substitute “An order for refusal or termination under subsection (3)(a) or |
| |
(b) above may direct that an application by the appellant to be registered”. |
| 20 |
(6) | In subsection (4B), for “, 128(7) or 130(6)” substitute “or 128(8)”. |
| |
| |
(a) | for “retention of a name in the register, to remove a name from the |
| |
register or to revoke a licence granted under section 129 of this Act” |
| |
substitute “extension of a person’s registration or to terminate a |
| 25 |
person’s registration”, and |
| |
(b) | for “, 128(7) or 130(6)” substitute “or 128(8)”. |
| |
(8) | In subsection (4F), for “instruction in the driving of a motor car” substitute |
| |
| |
14 | For sections 132 and 133 and the heading before them substitute— |
| 30 |
“Examinations and training |
| |
| |
(1) | Regulations may make provision with respect to— |
| |
(a) | the nature of examinations of the fitness and ability (or |
| |
continued fitness and ability) to give driving instruction |
| 35 |
(which may consist of practical tests and other tests and |
| |
means of assessment) and the administrative arrangements |
| |
for submitting for such examinations, |
| |
(b) | the qualification, selection and appointment of persons by |
| |
whom they may be conducted and the revocation of any |
| 40 |
| |
(c) | evidence of the results of such examinations, and |
| |
|
| |
|
| |
|
(d) | the making available of information about the results of such |
| |
| |
| and generally with respect to such examinations. |
| |
(2) | In particular, the regulations may make provision— |
| |
(a) | for requiring a person submitting himself for any part of an |
| 5 |
examination which consists of practical tests, to provide a |
| |
safe and suitable vehicle for the purposes of the practical tests |
| |
and for requiring that, if the vehicle is a vehicle of a |
| |
prescribed description, the vehicle has been certified in the |
| |
prescribed manner after a prescribed inspection as satisfying |
| 10 |
such requirements as may be prescribed, |
| |
(b) | for the charging (whether on the making by a person of |
| |
arrangements to submit himself for any part of an examination or |
| |
otherwise) of reasonable fees for or in connection with the |
| |
examination, or any part of it, and any inspection and certification |
| 15 |
of a vehicle required by regulations under paragraph (a) above in |
| |
relation to any part of the examination, |
| |
(c) | for requiring a person who desires to submit himself, or is |
| |
required to submit himself, for an examination, or any part of |
| |
it, to supply the Registrar with such particulars as the |
| 20 |
Secretary of State may determine, and |
| |
(d) | for ensuring that a person submitting himself for an |
| |
examination, or any part of it, and failing to pass it shall not |
| |
eligible to submit himself for another examination, or any |
| |
part of it, by the same or any other person before the end of a |
| 25 |
prescribed period, except under an order made by a court or |
| |
sheriff under the power conferred by section 133 of this Act. |
| |
133 | Review of examinations etc. |
| |
(1) | On the application of a person who has undergone a relevant |
| |
instructor examination, or a part of a relevant instructor |
| 30 |
| |
(a) | a magistrates’ court, or |
| |
(b) | in Scotland, the sheriff within whose jurisdiction he resides, |
| |
| may determine whether the examination, or the part of the |
| |
examination, was properly conducted. |
| 35 |
(2) | In this Part of this Act “relevant instructor examination” means— |
| |
(a) | an examination of ability and fitness referred to in section |
| |
125ZA(2)(a) or 125A(6)(a) of this Act, |
| |
(b) | an examination of continued ability and fitness referred to in |
| |
section 125ZA(4)(a) or 125A(7A)(a) of this Act, or |
| 40 |
(c) | an emergency control assessment under section 133A of this |
| |
| |
(3) | If it appears to the court or sheriff that it was not properly conducted, |
| |
the court or sheriff may— |
| |
(a) | (except in the case of an emergency control assessment) order |
| 45 |
that the applicant shall be eligible to submit himself for |
| |
another examination before the end of the period prescribed |
| |
under section 132(2)(d) of this Act, and |
| |
|
| |
|
| |
|
(b) | (in any case) order that any fee payable by the applicant in |
| |
respect of the examination shall not be paid or, if it has been |
| |
| |
(4) | No appeal shall lie under section 131 of this Act in respect of any |
| |
matter in respect of which an application may be made to a |
| 5 |
magistrates’ court or a sheriff under subsection (1) above. |
| |
| |
(1) | Regulations may provide that a person— |
| |
(a) | shall not be permitted to take any part of a relevant instructor |
| |
| 10 |
(b) | shall not be registered, or |
| |
(c) | shall not have his registration extended, |
| |
| unless he has successfully completed training in accordance with the |
| |
| |
(2) | Regulations may make provision in relation to training— |
| 15 |
(a) | by means of courses provided in accordance with the |
| |
| |
(b) | by means of study conducted in accordance with the |
| |
| |
(c) | by any other prescribed means. |
| 20 |
(3) | Regulations under this section may include provision exempting |
| |
persons from any requirement imposed by virtue of subsection (1) |
| |
above; and regulations including such provision may (in |
| |
| |
(a) | limit an exemption to persons in prescribed circumstances, |
| 25 |
(b) | attach conditions to an exemption, |
| |
(c) | regulate applications for an exemption, and |
| |
(d) | include provision for the evidencing by a person of his being |
| |
| |
(4) | Regulations under this section may provide that training is not to be |
| 30 |
taken into account for the purposes of the regulations if it was |
| |
completed before such time as is prescribed. |
| |
(5) | Regulations under this section may, in particular, include— |
| |
(a) | provision about the nature of training, |
| |
(b) | provision for the approval by the Secretary of State of persons |
| 35 |
providing training and the withdrawal of approval |
| |
(including provision for appeals to the Transport Tribunal |
| |
against refusal and withdrawal of approval) and provision |
| |
for exemptions from any requirement of approval, |
| |
(c) | provision for the training or assessment, or the supervision of |
| 40 |
training or assessment, of persons providing training, |
| |
(d) | provision setting the maximum amount of any charges |
| |
payable by persons undergoing training, |
| |
(e) | provision for the evidencing of the successful completion of |
| |
| 45 |
(f) | provision authorising the Secretary of State to make available |
| |
information about persons providing training. |
| |
|
| |
|
| |
|
(6) | Regulations under this section may include provision for the charging of |
| |
reasonable fees in respect of the exercise of any function conferred or |
| |
imposed on the Secretary of State by the regulations.” |
| |
15 | In section 133A (assessment of disabled person’s ability to control a motor |
| |
car in an emergency), for “car” in each place (including in the heading) |
| 5 |
| |
16 (1) | Section 133B (further assessments) is amended as follows. |
| |
(2) | In subsection (1), for “125B(6)(a)” substitute “125A(7A)(c)”. |
| |
(3) | In subsection (2), for “whose name is not on the register” substitute “who is |
| |
| 10 |
(4) | In subsection (4)(b), for “car” substitute “vehicle”. |
| |
17 (1) | Section 133C (duty to disclose further disability) is amended as follows. |
| |
| |
(3) | In subsection (2), for “person to whom this section applies” substitute |
| |
“registered disabled instructor”. |
| 15 |
18 (1) | Section 133D (offences relating to giving by disabled person of paid driving |
| |
instruction) is amended as follows. |
| |
| |
(3) | For “car” in each place substitute “vehicle”. |
| |
(4) | In subsections (2) and (3), for “person to whom this section applies” |
| 20 |
substitute “registered disabled instructor”. |
| |
(5) | For subsection (4) substitute— |
| |
“(4) | Where a registered disabled instructor gives instruction in |
| |
contravention of this section— |
| |
| 25 |
(b) | if the instructor is employed by another person to give that |
| |
instruction, that other person (as well as the instructor), and |
| |
(c) | if the instructor is a franchisee under a driving instruction |
| |
franchise, the franchisor (as well as the instructor), |
| |
| is guilty of an offence.” |
| 30 |
19 | For section 134 (power to alter conditions for entry or retention in, and |
| |
removal from, register etc.) substitute— |
| |
“134 | Power to alter registration period |
| |
(1) | Regulations may alter— |
| |
(a) | the period at the end of which a person’s registration is |
| 35 |
terminated (unless extended or further extended), |
| |
(b) | the period for which a person’s registration may be extended |
| |
| |
(c) | the period before the end of which it may be directed that any |
| |
application by a person to be registered shall not be |
| 40 |
| |
|
| |
|
| |
|
(2) | Regulations under this section may contain amendments of this Part |
| |
| |
20 | For section 135 substitute— |
| |
“135 | Evidence of registration |
| |
(1) | Regulations may prescribe— |
| 5 |
(a) | certificates or other items that may be issued to registered |
| |
persons to be displayed as evidence of their registration, and |
| |
(b) | a title or other description which may be used as such |
| |
| |
(2) | If at any time a person who is not registered— |
| 10 |
(a) | displays a certificate or other item prescribed under |
| |
| |
(b) | uses a title or other description prescribed under subsection |
| |
| |
(c) | uses a title or other description implying that he is registered, |
| 15 |
| he is guilty of a offence unless he proves that he did not know, and |
| |
did not have reasonable cause to believe, that he was not registered |
| |
| |
(3) | If a person carrying on business in the provision of driving |
| |
| 20 |
(a) | uses a title or other description prescribed under subsection |
| |
(1)(b) above in relation to any relevant person who is not |
| |
appropriately registered, or |
| |
(b) | issues any advertisement or invitation calculated to mislead |
| |
with respect to the extent to which relevant persons are |
| 25 |
appropriately registered, |
| |
| he is guilty of an offence unless he proves that he did not know, and |
| |
did not have reasonable cause to believe, that the relevant person |
| |
was, or relevant persons were, not appropriately registered at that |
| |
| 30 |
(4) | For the purposes of subsection (3) above— |
| |
(a) | a relevant person is a person who is employed by the person |
| |
carrying on business to give driving instruction, or is a |
| |
franchisee giving driving instruction under a driving |
| |
instruction franchise under which that person is the |
| 35 |
| |
(b) | a relevant person is appropriately registered if he is |
| |
registered in respect of the giving of the description of |
| |
driving instruction which he is employed to give or which is |
| |
given by him under the driving instruction franchise.” |
| 40 |
21 | In section 136 (surrender of certificates)— |
| |
(a) | for paragraphs (a) and (b) substitute “the registration of a person to |
| |
whom a certificate or other item prescribed under section 135(1)(a) of |
| |
this Act has been issued is terminated,”, |
| |
(b) | for “licence, as the case may be,” substitute “or other item”, and |
| 45 |
(c) | in the heading for “and licences” substitute “etc.”. |
| |
|
| |
|
| |
|
22 (1) | Section 137 (production of certificates to constables and authorised persons) |
| |
| |
| |
(a) | after “a certificate” insert “or other item”, |
| |
(b) | omit “, or to whom a licence under this Part of this Act is granted,”, |
| 5 |
| |
(c) | for “or licence” substitute “or other item”. |
| |
(3) | In subsection (2), for the words before “constable” substitute “Where— |
| |
(a) | a person’s registration is terminated, and |
| |
(b) | he fails to satisfy an obligation imposed on him by section 136 |
| 10 |
| |
| |
(4) | In that subsection, for “issued to him or the licence” substitute “or other item |
| |
| |
(5) | In subsection (3), for “document” substitute “certificate or other item”. |
| 15 |
(6) | In subsection (4), for “document” (in each place) substitute “certificate or |
| |
| |
(7) | In the heading for “and licences” substitute “etc.”. |
| |
23 (1) | Section 140 (receipts) is to be renumbered as subsection (3) of that section. |
| |
(2) | Before that subsection insert— |
| 20 |
“(1) | Regulations may make provision for the payment of such fees (if any) as may |
| |
be prescribed in connection with registration or extension of registration. |
| |
(2) | Regulations may make provision for the repayment (in whole or in |
| |
part) of any fee payable by virtue of any provision of this Part of this |
| |
Act in such circumstances as may be prescribed.” |
| 25 |
(3) | For the heading substitute “Fees”. |
| |
24 (1) | Section 141 (regulations) is to be renumbered as subsection (1) of that |
| |
| |
(2) | In that subsection, after “by regulations” insert “and for prescribing |
| |
anything which may be prescribed under this Part of this Act”. |
| 30 |
(3) | After that subsection insert— |
| |
“(2) | Regulations under this section— |
| |
(a) | may be expressed to apply generally or only in particular |
| |
| |
(b) | may make different provision in relation to different cases or |
| 35 |
other circumstances or otherwise for different purposes, and |
| |
(c) | may make incidental, supplementary, consequential or |
| |
transitional provision or savings.” |
| |
|
| |
|