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Driving Instruction (Suspension and Exemption Powers) Bill


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Driving Instruction (Suspension and Exemption Powers) Bill
Schedule 1 — Transitory amendments to existing regime

 

Schedules

Schedule 1

Section 4(1)

 

Transitory amendments to existing regime

Suspension of registration

1          

After subsection (7) of section 128 of the Road Traffic Act 1988 (c. 52) (as it

5

has effect without the substitution of that section by Schedule 6 to the Road

Safety Act 2006 (c. 49)) (removal of names from register) insert—

“(7A)   

The Registrar may suspend a person’s registration if the Registrar—

(a)   

has given, or is about to give, the person notice under

subsection (4),

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(b)   

is considering whether to remove the person’s name from the

register, or has decided to remove the name but the decision

is not yet in effect, and

(c)   

believes that the person would pose a significant threat to the

safety of members of the public if the person’s registration

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were not suspended.

(7B)   

The Registrar must, on deciding to suspend a person’s registration,

give written notice of the decision to the person.

(7C)   

The decision to suspend takes effect on the giving of the notice.

(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

included in the subsection (4) notice if the subsection (4) notice is still

to be given when the decision to suspend is made.

(7E)   

A suspension under subsection (7A) is terminated if—

(a)   

the Registrar decides not to remove the person’s name from

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the register,

(b)   

the Registrar decides to remove the person’s name from the

register but the decision has not taken effect and an appeal

against the decision is successfully concluded,

(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

with the giving of the subsection (4) notice has ended,

(d)   

the person’s name is removed from the register (whether

under this section or otherwise), or

(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

person’s suspension is terminated as mentioned in subsection (7E)(a)

to (c) or (e).

 

 

Driving Instruction (Suspension and Exemption Powers) Bill
Schedule 1 — Transitory amendments to existing regime

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(7G)   

For the purposes of this Part of this Act the fact that a person’s

registration is suspended does not prevent the person’s name from

being in the register.”

2     (1)  

Section 123 of the Road Traffic Act 1988 (c. 52) (as it has effect without the

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)

is amended as follows.

      (2)  

In subsection (1)(a) (prohibition on giving paid instruction in the driving of

a motor car when unregistered or unlicensed) after “register”)” insert “and

the registration is not suspended”.

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      (3)  

In subsection (5) (defence to offence of contravening the prohibition) after

“time” insert “, or (as the case may be) that the registration was at that time

suspended”.

3          

In subsection (1) of section 18 of the Road Traffic Offenders Act 1988 (c. 53)

(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

registration of driving instructors and licences to give instruction), after

paragraph (b), insert—

“(ba)   

a person’s registration was, or was not, suspended,”.

Suspension of licences

20

4          

After subsection (6) of section 130 of the Road Traffic Act 1988 (as it has effect

without the omission of that section by Schedule 6 to the Act of 2006)

(revocation of licences) insert—

“(7)   

The Registrar may suspend a person’s licence if the Registrar—

(a)   

has given, or is about to give, the person notice under

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subsection (3),

(b)   

is considering whether to revoke the licence, or has decided

to revoke the licence but the decision is not yet in effect, and

(c)   

believes that the person would pose a significant threat to the

safety of members of the public if the licence were not

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suspended.

(8)   

The Registrar must, on deciding to suspend a person’s licence, give

written notice of the decision to the person.

(9)   

The decision to suspend takes effect on the giving of the notice.

(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

in the subsection (3) notice if the subsection (3) notice is still to be

given when the decision to suspend is made.

(11)   

A suspension under subsection (7) is terminated if—

(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

decision has not taken effect and an appeal against the

decision is successfully concluded,

(c)   

the Registrar has not decided whether to revoke the person’s

licence and the period of 75 days beginning with the giving

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of the subsection (3) notice has ended,

 
 

Driving Instruction (Suspension and Exemption Powers) Bill
Schedule 1 — Transitory amendments to existing regime

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(d)   

the person’s licence expires or is revoked, or

(e)   

the Registrar decides to terminate the suspension.

(12)   

The Registrar must give written notice to a person of the fact that the

person’s suspension is terminated as mentioned in subsection (11)(a)

to (c) or (e).

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(13)   

For the purposes of this Part of this Act the fact that a person’s licence

is suspended does not prevent the person from being a licence-

holder.”

Compensation in respect of suspension

5          

After section 131 of the Road Traffic Act 1988 (c. 52) (appeals) insert—

10

“Compensation

131A    

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 or

licences being suspended by virtue of section 128(7A) to (7G) or (as

the case may be) 130(7) to (13),

(b)   

non-income losses so incurred, and

(c)   

any other matters which relate to either such suspension and are

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provided for in the scheme.

(2)   

No payments may be made under a scheme in respect of the

suspension of a person’s registration or licence unless—

(a)   

the suspension is terminated because the Registrar decides

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,

(b)   

an appeal is successfully concluded against the decision of

the Registrar to remove the person’s name from the register

or (as the case may be) to revoke the licence (whether or not

the Registrar’s decision has taken effect), or

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(c)   

any other circumstances provided for in the scheme apply.

(3)   

Where the decision of the Registrar to remove the person’s name

from the register or to revoke the licence has taken effect before an

appeal against it is successfully concluded, any payments under a

scheme may relate only to the suspension.

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(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,

   

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-

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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—

 
 

Driving Instruction (Suspension and Exemption Powers) Bill
Schedule 2 — Repeals

9

 

(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

5

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

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amounts 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

15

consider appropriate.

(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

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Secretary of State for the Secretary of State to reconsider the decision.

(9)   

In this section—

“income losses” means losses of income, and

“non-income losses” means losses other than income losses.”

Schedule 2

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Section 4(2)

 

Repeals

 

Short title and chapter

Extent of repeal

 
 

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

 
  

that time suspended”.

 

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Section 128(7A) to (7G).

 
  

Section 130(7) to (13).

 
  

Section 131A and the italic heading before it.

 
 

Road Traffic Offenders Act 1988

In section 18(1) (as it has effect without the

 
 

(c. 53)

substitution of paragraphs (a) to (d) of that

 

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subsection by Schedule 6 to the Act of 2006),

 
  

paragraph (ba).

 
 

Driving Instruction (Suspension

Section 4(1).

 
 

and Exemption Powers) Act

  
 

2009

  

45

 
 

Driving Instruction (Suspension and Exemption Powers) Bill
Schedule 2 — Repeals

10

 
 

Short title and chapter

Extent of repeal

 
 

Driving Instruction (Suspension

Schedule 1.

 
 

and Exemption Powers) Act

  
 

2009—cont.

  
 
 

 
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