Driving Instruction (Suspension and Exemption Powers) Bill

House of Commons

Session 2008 - 09
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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
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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
30
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
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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
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After section 131 of the Road Traffic Act 1988 (c. 52) (appeals) insert—
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“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
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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
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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
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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))—

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(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

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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.