Driving Instruction (Suspension and Exemption Powers) Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Driving Instruction (Suspension and Exemption Powers) Bill

Driving Instruction (Suspension and Exemption Powers) Bill
1

A
Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
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
1
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—
5
“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
127(5) or 128(4) in relation to the person’s registration in respect
10
of that description of driving instruction,
(b)
is considering whether to refuse the application for an extension
of the person’s registration or (as the case may be) whether to
terminate the person’s registration, or has decided so to refuse
or terminate but the decision is not yet in effect, and
15
(c)
believes that the person would pose a significant threat to the
safety of members of the public if the person’s registration were
not suspended.

Bill 117
54/4

Driving Instruction (Suspension and Exemption Powers) Bill
2

(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.
(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
5
section 127(5) or (as the case may be) 128(4) is given but the subsection
(2) notice may be included in the section 127(5) or 128(4) notice if the
section 127(5) or 128(4) notice is still to be given when the decision to
suspend is made.
(5)
A suspension under this section is terminated if—
10
(a)
the Registrar decides not to refuse the application for an
extension of the person’s registration or (as the case may be)
decides not to terminate the person’s registration,
(b)
the Registrar decides to refuse the application for an extension
of the person’s registration or (as the case may be) to terminate
15
the person’s registration but the decision has not taken effect
and an appeal against the decision is successfully concluded,
(c)
the Registrar has not decided whether to refuse the application
for an extension of the person’s registration or (as the case may
be) whether to terminate the person’s registration and the
20
period of 75 days beginning with the giving of the section 127(5)
or 128(4) notice has ended,
(d)
the person’s registration is terminated (whether under section
128 or otherwise), or
(e)
the Registrar decides to terminate the suspension.
25
(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
registration is suspended does not prevent the person from being
30
“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
when unregistered) after “of driving instruction” insert “and the registration is
35
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
suspended”.
40
(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
it has effect with the substitution of paragraphs (a) to (d) of that subsection by
45
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

Driving Instruction (Suspension and Exemption Powers) Bill
3

end of the paragraph, insert—
“(ba)
a person’s registration was, or was not, suspended,”.
2
Compensation in respect of suspension
After section 128ZA of the Road Traffic Act 1988 (c. 52) (as inserted or to be
inserted by section 1(1) above) insert—
5
“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—
(a)
income losses incurred by them as a result of their registrations
10
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.
(2)
No payments may be made under a scheme in respect of a person’s
15
suspension unless—
(a)
the suspension is terminated because the Registrar decides not
to refuse the application for an extension of the person’s
registration or (as the case may be) decides not to terminate the
person’s registration,
20
(b)
an appeal is successfully concluded against the decision of the
Registrar to refuse the application for an extension of the
person’s registration or (as the case may be) to terminate the
person’s registration (whether or not the Registrar’s decision
has taken effect), or
25
(c)
any other circumstances provided for in the scheme apply.
(3)
Where the decision of the Registrar to refuse the application for an
extension of the person’s registration or (as the case may be) to
terminate the person’s registration has taken effect before an appeal
against it is successfully concluded, any payments under a scheme may
30
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,

in respect of which payments are to be made but need not provide for
35
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—
(a)
specify the basis or bases of valuation for determining losses or
40
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
claims may be made and the provision of information) in
45
respect of claims under the scheme and for the determination of
such claims.

Driving Instruction (Suspension and Exemption Powers) Bill
4

(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
of any such payments may appeal to the First-tier Tribunal.
(7)
On an appeal, the First-tier Tribunal may make such order as it
considers appropriate.
5
(8)
If the Tribunal considers 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.
10
(9)
In this section—
“income losses” means losses of income, and
“non-income losses” means losses other than income losses.”
Exemptions from registration
3
Exemptions from prohibitions concerning registration
15
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 (whether in individual cases or
20
otherwise) of a discretion by the Registrar or 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,
25
(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
30
made by, or capable of being made under, section 128ZB).
(5)
Regulations made by virtue of this section may, in particular, make
provision for the payment of fees.”
Transitory amendments to existing regime
4
Transitory amendments to existing regime
35
(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
Act 2006) has effect.
(2)
The enactments listed in Schedule 2 are repealed to the extent specified.