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provide for the suspension in certain circumstances of registration and |
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licences relating to the provision of driving instruction; to make provision |
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about exemptions from prohibitions concerning registration (including |
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provision about suspension); to make provision about compensation in |
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connection with suspension; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Suspension of registration |
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1 | Suspension of registration |
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(1) | After section 128 of the Road Traffic Act 1988 (c. 52) (as substituted by Schedule |
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6 to the Road Safety Act 2006 (c. 49)) (termination of registration by Registrar) |
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“128ZA | Suspension of registration by Registrar |
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(1) | The Registrar may suspend a person’s registration in respect of any |
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description of driving instruction if the Registrar— |
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(a) | has given, or is about to give, the person notice under section |
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128(4) in relation to the person’s registration in respect of that |
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description of driving instruction, |
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(b) | is considering whether to terminate the person’s registration, or |
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has decided to terminate the registration but the decision is not |
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(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 |
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(2) | The Registrar must, on deciding to suspend a person’s registration in |
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respect of any description of driving instruction, give written notice of |
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the decision to the person. |
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(3) | The decision to suspend takes effect on the giving of the notice. |
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(4) | No notice may be given under subsection (2) before the notice under |
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section 128(4) is given but the subsection (2) notice may be included in |
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the section 128(4) notice if the section 128(4) notice is still to be given |
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when the decision to suspend is made. |
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(5) | A suspension under this section is terminated if— |
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(a) | the Registrar decides not to terminate the person’s registration, |
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(b) | the Registrar decides to terminate the person’s registration but |
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the decision has not taken effect and an appeal against the |
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decision is successfully concluded, |
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(c) | the Registrar has not decided whether to terminate the person’s |
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registration and the period of 75 days beginning with the giving |
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of the section 128(4) notice has ended, |
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(d) | the person’s registration is terminated (whether under section |
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(e) | the Registrar decides to terminate the suspension. |
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(6) | The Registrar must give written notice to a person of the fact that the |
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person’s suspension is terminated as mentioned in subsection (5)(a) to |
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(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 |
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“registered”; and “registration” is to be construed accordingly.” |
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(2) | In section 123(1)(a) and (b) of the Road Traffic Act 1988 (c. 52) (as substituted |
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by Schedule 6 to the Act of 2006) (prohibition on giving paid driving |
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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 |
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(3) | In section 123A(3) of the Road Traffic Act 1988 (as substituted by Schedule 6 to |
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the Act of 2006) (defence to offence of contravening the prohibition) after |
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“question” insert “or (as the case may be) that the registration was at that time |
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(4) | In section 142 of the Road Traffic Act 1988 (as substituted by Schedule 6 to the |
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Act of 2006) (index to Part 5), in the entry in the table for “Registered and |
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registration”, for “Section 123(7)” substitute “Sections 123(7) and 128ZA(7)”. |
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(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 |
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Schedule 6 to the Act of 2006) (evidence by certificate as to registration etc. of |
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driving instructors etc.), after paragraph (b) and before the word “or” at the |
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end of the paragraph, insert— |
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“(ba) | a person’s registration was, or was not, suspended,”. |
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2 | Compensation in respect of suspension |
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After section 128ZA of the Road Traffic Act 1988 (as inserted or to be inserted |
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by section 1(1) above) insert— |
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“128ZB | Compensation in respect of suspension |
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(1) | The Secretary of State must by regulations make a scheme for the making of |
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payments by the Secretary of State to persons in respect of one or more of the |
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(a) | income losses incurred by them as a result of their registrations being |
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suspended by virtue of section 128ZA, |
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(b) | non-income losses so incurred, and |
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(c) | any other matters which relate to such a suspension and are provided |
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(2) | No payments may be made under a scheme in respect of a person’s |
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(a) | the suspension is terminated because the Registrar decides not |
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to terminate the person’s registration, |
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(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 |
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the Registrar’s decision has taken effect), or |
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(c) | any other circumstances provided for in the scheme apply. |
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(3) | Where the decision of the Registrar to terminate the person’s |
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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 |
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(4) | A scheme may, in particular, specify— |
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(a) | the description or descriptions of income losses, or |
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(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 |
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the making of payments in respect of all income losses or all non- |
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income losses or for the making of payments which correspond to the |
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full amount of any income losses or non-income losses. |
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(5) | A scheme may also, in particular— |
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(a) | specify the basis or bases of valuation for determining losses or |
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the person who is to decide their valuation, |
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(b) | specify the amounts of payments to be made or the basis or |
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bases on which such amounts are to be calculated, |
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(c) | provide for the procedure to be followed (including when |
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claims may be made and the provision of information) in |
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respect of claims under the scheme and for the determination of |
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(6) | A person who is aggrieved by a decision of the Secretary of State as to |
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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 |
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Tribunal within the period of 28 days beginning with the day on which |
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notice of the decision was given to the person in accordance with the |
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(7) | On an appeal, the Transport Tribunal may make such order as they |
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(8) | If the Tribunal consider that any evidence adduced on an appeal had |
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not been adduced to the Secretary of State before the making of the |
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decision to which the appeal relates, the Tribunal may (instead of |
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making an order under subsection (7)) remit the matter to the Secretary |
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of State for the Secretary of State to reconsider the decision. |
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“income losses” means losses of income, and |
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“non-income losses” means losses other than income losses.” |
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Exemptions from registration |
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3 | Exemptions from prohibitions concerning registration |
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After section 124(2) of the Road Traffic Act 1988 (c. 52) (as substituted by |
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Schedule 6 to the Road Safety Act 2006 (c. 49)) (exemption from prohibitions |
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imposed by section 123) insert— |
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“(3) | Circumstances prescribed by virtue of this section may, in particular, |
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consist of, or include, the exercise of a discretion by the Registrar or |
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(4) | Regulations prescribing circumstances of the kind mentioned in |
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subsection (3) may, in particular, make provision about— |
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(a) | the procedure to be followed in relation to any decision |
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resulting from the exercise of the discretion, |
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(b) | the review or revocation of such a decision, |
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(c) | an appeal against such a decision, |
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(d) | the time when such a decision has effect, |
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(e) | the suspension of an exemption in connection with the making |
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of such a decision (including provision corresponding to that made |
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by, or capable of being made under, section 128ZB).” |
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Transitory amendments to existing regime |
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4 | Transitory amendments to existing regime |
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(1) | Schedule 1 (which contains amendments to Part 5 of the Road Traffic Act 1988 |
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as it has effect without the amendments and repeals made by the Road Safety |
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(2) | The enactments listed in Schedule 2 are repealed to the extent specified. |
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Supplementary and final provisions |
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5 | Consequential provision |
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(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 |
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purposes of this Act or in consequence of this Act. |
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(2) | The power to make an order under this section— |
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(a) | is exercisable by statutory instrument, |
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(b) | includes power to make transitional, transitory or saving provision, |
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(c) | may, in particular, be exercised by amending, repealing, revoking or |
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otherwise modifying any provision made by or under an enactment |
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(including any Act passed in the same Session as this Act). |
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(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 |
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may not be made unless a draft of the instrument has been laid before, and |
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approved by a resolution of, each House of Parliament. |
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(5) | An instrument containing an order under this section which does not amend |
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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 |
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6 | Transitional, transitory and saving provision |
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(1) | The Secretary of State may by order made by statutory instrument make such |
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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 |
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(2) | An order under subsection (1) may, in particular, take account of any |
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amendment or repeal made, or to be made, by Schedule 6 to the Road Safety |
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7 | Citation, commencement and extent |
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(1) | This Act may be cited as the Driving Instruction (Suspension and Exemption |
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(2) | Sections 5 and 6 and this section come into force on the day on which this Act |
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(3) | Sections 1 to 4 and Schedules 1 and 2 come into force on such day as the |
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Secretary of State may by order made by statutory instrument appoint; and |
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different days may be appointed for different purposes. |
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(4) | This Act extends only to England and Wales and Scotland. |
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