Driving Instruction (Suspension and Exemption Powers) Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Driving Instruction (Suspension and Exemption Powers) Bill

Driving Instruction (Suspension and Exemption Powers) Bill
1

A
Bill
To
provide for the suspension in certain circumstances of registration and
licences relating to the provision of driving instruction; to make provision
about exemptions from prohibitions concerning registration (including
provision about suspension); to make provision about compensation in
connection with suspension; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Suspension of registration
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Suspension of registration
(1)
After section 128 of the Road Traffic Act 1988 (c. 52) (as substituted by Schedule
6 to the Road Safety Act 2006 (c. 49)) (termination of registration by Registrar)
insert—
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“128ZA
Suspension of registration by Registrar
(1)
The Registrar may suspend a person’s registration in respect of any
description of driving instruction if the Registrar—
(a)
has given, or is about to give, the person notice under section
128(4) in relation to the person’s registration in respect of that
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description of driving instruction,
(b)
is considering whether to terminate the person’s registration, or
has decided to terminate the registration but the decision is not
yet in effect, and
(c)
believes that the person would pose a significant threat to the
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safety of members of the public if the person’s registration were
not suspended.
(2)
The Registrar must, on deciding to suspend a person’s registration in
respect of any description of driving instruction, give written notice of
the decision to the person.
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Driving Instruction (Suspension and Exemption Powers) Bill
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(3)
The decision to suspend takes effect on the giving of the notice.
(4)
No notice may be given under subsection (2) before the notice under
section 128(4) is given but the subsection (2) notice may be included in
the section 128(4) notice if the section 128(4) notice is still to be given
when the decision to suspend is made.
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(5)
A suspension under this section is terminated if—
(a)
the Registrar decides not to terminate the person’s registration,
(b)
the Registrar decides to terminate the person’s registration but
the decision has not taken effect and an appeal against the
decision is successfully concluded,
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(c)
the Registrar has not decided whether to terminate the person’s
registration and the period of 75 days beginning with the giving
of the section 128(4) notice has ended,
(d)
the person’s registration is terminated (whether under section
128 or otherwise), or
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(e)
the Registrar decides to terminate the suspension.
(6)
The Registrar must give written notice to a person of the fact that the
person’s suspension is terminated as mentioned in subsection (5)(a) to
(c) or (e).
(7)
For the purposes of this Part of this Act, the fact that a person’s
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registration is suspended does not prevent the person from being
“registered”; and “registration” is to be construed accordingly.”
(2)
In section 123(1)(a) and (b) of the Road Traffic Act 1988 (c. 52) (as substituted
by Schedule 6 to the Act of 2006) (prohibition on giving paid driving
instruction or carrying on business in the provision of paid driving instruction
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when unregistered) after “of driving instruction” insert “and the registration is
not suspended”.
(3)
In section 123A(3) of the Road Traffic Act 1988 (as substituted by Schedule 6 to
the Act of 2006) (defence to offence of contravening the prohibition) after
“question” insert “or (as the case may be) that the registration was at that time
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suspended”.
(4)
In section 142 of the Road Traffic Act 1988 (as substituted by Schedule 6 to the
Act of 2006) (index to Part 5), in the entry in the table for “Registered and
registration”, for “Section 123(7)” substitute “Sections 123(7) and 128ZA(7)”.
(5)
In subsection (1) of section 18 of the Road Traffic Offenders Act 1988 (c. 53) (as
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it has effect with the substitution of paragraphs (a) to (d) of that subsection by
Schedule 6 to the Act of 2006) (evidence by certificate as to registration etc. of
driving instructors etc.), after paragraph (b) and before the word “or” at the
end of the paragraph, insert—
“(ba)
a person’s registration was, or was not, suspended,”.
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2
Compensation in respect of suspension
After section 128ZA of the Road Traffic Act 1988 (as inserted or to be inserted

Driving Instruction (Suspension and Exemption Powers) Bill
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by section 1(1) above) insert—
“128ZB
Compensation in respect of suspension
(1)
The Secretary of State must by regulations make a scheme for the making of
payments by the Secretary of State to persons in respect of one or more of the
following—
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(a)
income losses incurred by them as a result of their registrations being
suspended by virtue of section 128ZA,
(b)
non-income losses so incurred, and
(c)
any other matters which relate to such a suspension and are provided
for in the scheme.
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(2)
No payments may be made under a scheme in respect of a person’s
suspension unless—
(a)
the suspension is terminated because the Registrar decides not
to terminate the person’s registration,
(b)
an appeal is successfully concluded against the decision of the
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Registrar to terminate the person’s registration (whether or not
the Registrar’s decision has taken effect), or
(c)
any other circumstances provided for in the scheme apply.
(3)
Where the decision of the Registrar to terminate the person’s
registration has taken effect before an appeal against it is successfully
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concluded, any payments under a scheme may relate only to the
suspension.
(4)
A scheme may, in particular, specify—
(a)
the description or descriptions of income losses, or
(b)
the description or descriptions of non-income losses,
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in respect of which payments are to be made but need not provide for
the making of payments in respect of all income losses or all non-
income losses or for the making of payments which correspond to the
full amount of any income losses or non-income losses.
(5)
A scheme may also, in particular—
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(a)
specify the basis or bases of valuation for determining losses or
the person who is to decide their valuation,
(b)
specify the amounts of payments to be made or the basis or
bases on which such amounts are to be calculated,
(c)
provide for the procedure to be followed (including when
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claims may be made and the provision of information) in
respect of claims under the scheme and for the determination of
such claims.
(6)
A person who is aggrieved by a decision of the Secretary of State as to
the person’s entitlement to payments under a scheme or the amounts
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of any such payments may by notice in writing appeal to the Transport
Tribunal within the period of 28 days beginning with the day on which
notice of the decision was given to the person in accordance with the
scheme.
(7)
On an appeal, the Transport Tribunal may make such order as they
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consider appropriate.

Driving Instruction (Suspension and Exemption Powers) Bill
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(8)
If the Tribunal consider that any evidence adduced on an appeal had
not been adduced to the Secretary of State before the making of the
decision to which the appeal relates, the Tribunal may (instead of
making an order under subsection (7)) remit the matter to the Secretary
of State for the Secretary of State to reconsider the decision.
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(9)
In this section—
“income losses” means losses of income, and
“non-income losses” means losses other than income losses.”
Exemptions from registration
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Exemptions from prohibitions concerning registration
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After section 124(2) of the Road Traffic Act 1988 (c. 52) (as substituted by
Schedule 6 to the Road Safety Act 2006 (c. 49)) (exemption from prohibitions
imposed by section 123) insert—
“(3)
Circumstances prescribed by virtue of this section may, in particular,
consist of, or include, the exercise of a discretion by the Registrar or
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another person.
(4)
Regulations prescribing circumstances of the kind mentioned in
subsection (3) may, in particular, make provision about—
(a)
the procedure to be followed in relation to any decision
resulting from the exercise of the discretion,
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(b)
the review or revocation of such a decision,
(c)
an appeal against such a decision,
(d)
the time when such a decision has effect,
(e)
the suspension of an exemption in connection with the making
of such a decision (including provision corresponding to that made
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by, or capable of being made under, section 128ZB).”
Transitory amendments to existing regime
4
Transitory amendments to existing regime
(1)
Schedule 1 (which contains amendments to Part 5 of the Road Traffic Act 1988
as it has effect without the amendments and repeals made by the Road Safety
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Act 2006) has effect.
(2)
The enactments listed in Schedule 2 are repealed to the extent specified.
Supplementary and final provisions
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Consequential provision
(1)
The Secretary of State may by order make such supplementary, incidental or
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consequential provision as the Secretary of State considers appropriate for the
purposes of this Act or in consequence of this Act.
(2)
The power to make an order under this section—
(a)
is exercisable by statutory instrument,

Driving Instruction (Suspension and Exemption Powers) Bill
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(b)
includes power to make transitional, transitory or saving provision,
(c)
may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under an enactment
(including any Act passed in the same Session as this Act).
(3)
In subsection (2)(c) “enactment” includes an Act of the Scottish Parliament.
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(4)
Subject to subsection (5), an instrument containing an order under this section
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(5)
An instrument containing an order under this section which does not amend
or repeal a provision of a public general Act or an Act of the Scottish Parliament
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is subject to annulment in pursuance of a resolution of either House of
Parliament.
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Transitional, transitory and saving provision
(1)
The Secretary of State may by order made by statutory instrument make such
transitional, transitory or saving provision as the Secretary of State considers
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appropriate in connection with the coming into force of any provision of this
Act.
(2)
An order under subsection (1) may, in particular, take account of any
amendment or repeal made, or to be made, by Schedule 6 to the Road Safety
Act 2006 (c. 49).
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7
Citation, commencement and extent
(1)
This Act may be cited as the Driving Instruction (Suspension and Exemption
Powers) Act 2009.
(2)
Sections 5 and 6 and this section come into force on the day on which this Act
is passed.
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(3)
Sections 1 to 4 and Schedules 1 and 2 come into force on such day as the
Secretary of State may by order made by statutory instrument appoint; and
different days may be appointed for different purposes.
(4)
This Act extends only to England and Wales and Scotland.