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Transitory amendments to existing regime |
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Suspension of registration |
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1 | After subsection (7) of section 128 of the Road Traffic Act 1988 (c. 52) (as it |
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has effect without the substitution of that section by Schedule 6 to the Road |
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Safety Act 2006 (c. 49)) (removal of names from register) insert— |
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“(7A) | The Registrar may suspend a person’s registration if the Registrar— |
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(a) | has given, or is about to give, the person notice under |
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(b) | is considering whether to remove the person’s name from the |
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register, or has decided to remove the name but the decision |
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is not yet in effect, and |
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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 |
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(7B) | The Registrar must, on deciding to suspend a person’s registration, |
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give written notice of the decision to the person. |
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(7C) | The decision to suspend takes effect on the giving of the notice. |
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(7D) | No notice may be given under subsection (7B) before the notice |
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under subsection (4) is given but the subsection (7B) notice may be |
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included in the subsection (4) notice if the subsection (4) notice is still |
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to be given when the decision to suspend is made. |
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(7E) | A suspension under subsection (7A) is terminated if— |
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(a) | the Registrar decides not to remove the person’s name from |
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(b) | the Registrar decides to remove the person’s name from the |
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register but the decision has not taken effect and an appeal |
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against the decision is successfully concluded, |
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(c) | the Registrar has not decided whether to remove the person’s |
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name from the register and the period of 75 days beginning |
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with the giving of the subsection (4) notice has ended, |
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(d) | the person’s name is removed from the register (whether |
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under this section or otherwise), or |
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(e) | the Registrar decides to terminate the suspension. |
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(7F) | 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 (7E)(a) |
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(7G) | 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’s name from |
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2 (1) | Section 123 of the Road Traffic Act 1988 (c. 52) (as it has effect without the |
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substitution of that section by Schedule 6 to the Act of 2006) (driving |
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instruction for payment to be given only by registered or licensed persons) |
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(2) | In subsection (1)(a) (prohibition on giving paid instruction in the driving of |
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a motor car when unregistered or unlicensed) after “register”)” insert “and |
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the registration is not suspended”. |
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(3) | In subsection (5) (defence to offence of contravening the prohibition) after |
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“time” insert “, or (as the case may be) that the registration was at that time |
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3 | In subsection (1) of section 18 of the Road Traffic Offenders Act 1988 (c. 53) |
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(as it has effect without the substitution of paragraphs (a) to (d) of that |
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subsection by Schedule 6 to the Act of 2006) (evidence by certificate as to |
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registration of driving instructors and licences to give instruction), after |
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“(ba) | a person’s registration was, or was not, suspended,”. |
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4 | After subsection (6) of section 130 of the Road Traffic Act 1988 (as it has effect |
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without the omission of that section by Schedule 6 to the Act of 2006) |
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(revocation of licences) insert— |
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“(7) | The Registrar may suspend a person’s licence if the Registrar— |
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(a) | has given, or is about to give, the person notice under |
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(b) | is considering whether to revoke the licence, or has decided |
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to revoke the licence but the decision is not yet in effect, and |
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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 licence were not |
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(8) | The Registrar must, on deciding to suspend a person’s licence, give |
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written notice of the decision to the person. |
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(9) | The decision to suspend takes effect on the giving of the notice. |
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(10) | No notice may be given under subsection (8) before the notice under |
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subsection (3) is given but the subsection (8) notice may be included |
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in the subsection (3) notice if the subsection (3) notice is still to be |
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given when the decision to suspend is made. |
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(11) | A suspension under subsection (7) is terminated if— |
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(a) | the Registrar decides not to revoke the person’s licence, |
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(b) | the Registrar decides to revoke the person’s licence but the |
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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 revoke the person’s |
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licence and the period of 75 days beginning with the giving |
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of the subsection (3) notice has ended, |
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(d) | the person’s licence expires or is revoked, or |
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(e) | the Registrar decides to terminate the suspension. |
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(12) | 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 (11)(a) |
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(13) | For the purposes of this Part of this Act the fact that a person’s licence |
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is suspended does not prevent the person from being a licence- |
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Compensation in respect of suspension |
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5 | After section 131 of the Road Traffic Act 1988 (c. 52) (appeals) insert— |
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131A | 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 or |
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licences being suspended by virtue of section 128(7A) to (7G) or (as |
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the case may be) 130(7) to (13), |
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(b) | non-income losses so incurred, and |
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(c) | any other matters which relate to either such suspension and are |
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provided for in the scheme. |
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(2) | No payments may be made under a scheme in respect of the |
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suspension of a person’s registration or licence unless— |
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(a) | the suspension is terminated because the Registrar decides |
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not to remove the person’s name from the register or (as the |
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case may be) not to revoke the licence, |
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(b) | an appeal is successfully concluded against the decision of |
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the Registrar to remove the person’s name from the register |
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or (as the case may be) to revoke the licence (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 remove the person’s name |
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from the register or to revoke the licence has taken effect before an |
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appeal against it is successfully concluded, any payments under a |
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scheme may relate only to the suspension. |
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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 |
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for 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 |
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the 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 |
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or 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 |
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(6) | A person who is aggrieved by a decision of the Secretary of State as |
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to the person’s entitlement to payments under a scheme or the |
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amounts of any such payments may by notice in writing appeal to |
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the Transport Tribunal within the period of 28 days beginning with |
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the day on which notice of the decision was given to the person in |
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accordance with the scheme. |
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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 |
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Secretary 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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| | | | | | Road Traffic Act 1988 (c. 52) |
| In section 123 (as it has effect without the |
| | | | | substitution of that section by Schedule 6 to |
| | | | | the Road Safety Act 2006 (c. 49))— |
| | 30 | | | (a) | in subsection (1)(a), the words “and the |
| | | | | registration is not suspended”, and |
| | | | | (b) | in subsection (5), the words “, or (as the |
| | | | | case may be) that the registration was at |
| | | | | | | 35 | | | | | | | | | | | | | Section 131A and the italic heading before it. |
| | | | Road Traffic Offenders Act 1988 |
| In section 18(1) (as it has effect without the |
| | | | | substitution of paragraphs (a) to (d) of that |
| | 40 | | | subsection by Schedule 6 to the Act of 2006), |
| | | | | | | | | Driving Instruction (Suspension |
| | | | | and Exemption Powers) Act |
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