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
5

Supplementary and final provisions
5
Consequential provision
(1)
The Secretary of State may by order make such supplementary, incidental or
consequential provision as the Secretary of State considers appropriate for the
purposes of this Act or in consequence of this Act.
5
(2)
The power to make an order under this section—
(a)
is exercisable by statutory instrument,
(b)
includes power to make transitional, transitory or saving provision,
(c)
may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under an enactment
10
(including any Act passed in the same Session as this Act).
(3)
In subsection (2)(c) “enactment” includes an Act of the Scottish Parliament.
(4)
Subject to subsection (5), an instrument containing an order under this section
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
15
(5)
An instrument containing an order under this section which does not amend
or repeal a provision of a public general Act or an Act of the Scottish Parliament
is subject to annulment in pursuance of a resolution of either House of
Parliament.
6
Transitional, transitory and saving provision
20
(1)
The Secretary of State may by order made by statutory instrument make such
transitional, transitory or saving provision as the Secretary of State considers
appropriate in connection with the coming into force of any provision of this
Act.
(2)
An order under subsection (1) may, in particular, take account of any
25
amendment or repeal made, or to be made, by Schedule 6 to the Road Safety
Act 2006 (c. 49).
7
Citation, commencement and extent
(1)
This Act may be cited as the Driving Instruction (Suspension and Exemption
Powers) Act 2009.
30
(2)
Sections 5 and 6 and this section come into force on the day on which this Act
is passed.
(3)
Sections 1 to 4 and Schedules 1 and 2 come into force on such day as the
Secretary of State may by order made by statutory instrument appoint; and
different days may be appointed for different purposes.
35
(4)
This Act extends only to England and Wales and Scotland.

6
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),
10
(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
15
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
20
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
25
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.
35
(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
7

(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
5
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”.
10
      (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
After subsection (8) of section 127 of the Road Traffic Act 1988 (extension of
duration of registration) insert—
15
“(9)
Sections 128(7A) to (7G) and 131A apply in relation to suspending a
person’s registration in connection with an application under
subsection (1) above as if the references in sections 128(7A) to (7G)
and 131A to—
(a)
a notice under section 128(4) were references to a notice
20
under subsection (5) above, and
(b)
the removal of the person’s name from the register were (or,
in the case of section 128(7E)(d), included) references to the
refusal of the person’s application for the retention of the
person’s name in the register.”
25
4
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
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—
30
“(ba)
a person’s registration was, or was not, suspended,”.
Suspension of licences
5
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—
35
“(7)
The Registrar may suspend a person’s licence if the Registrar—
(a)
has given, or is about to give, the person notice under
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
40
(c)
believes that the person would pose a significant threat to the
safety of members of the public if the licence were not
suspended.
(8)
The Registrar must, on deciding to suspend a person’s licence, give
written notice of the decision to the person.
45
(9)
The decision to suspend takes effect on the giving of the notice.

Driving Instruction (Suspension and Exemption Powers) Bill
Schedule 1 — Transitory amendments to existing regime
8

(10)
No notice may be given under subsection (8) before the notice under
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—
5
(a)
the Registrar decides not to revoke the person’s licence,
(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
10
licence and the period of 75 days beginning with the giving
of the subsection (3) notice has ended,
(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
15
person’s suspension is terminated as mentioned in subsection (11)(a)
to (c) or (e).
(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.”
20
6
After subsection (8) of section 129 of the Road Traffic Act 1988 (c. 52) (as it
has effect without the omission of that section by Schedule 6 to the Act of
2006) (licences for giving instruction so as to obtain practical experience)
insert—
“(9)
Sections 130(7) to (13) and 131A apply in relation to suspending a
25
person’s licence in connection with an application for a new licence
in substitution for a licence current at the date of the application as
if—
(a)
the references in sections 130(7) to (13) and 131A to—
(i)
a notice under section 130(3) were references to a
30
notice under subsection (7) above,
(ii)
the revocation of the licence were (except in section
130(11)(d)) references to the refusal of the person’s
application for a new licence, and
(iii)
the decision not being in effect were references to the
35
decision not being in effect because the licence has not
expired, and
(b)
section 131A(3), and the words “(whether or not the
Registrar’s decision has taken effect)” in section 131A(2)(b),
were omitted.”
40

Driving Instruction (Suspension and Exemption Powers) Bill
Schedule 1 — Transitory amendments to existing regime
9

Compensation in respect of suspension
7
After section 131 of the Road Traffic Act 1988 (c. 52) (appeals) insert—
“Compensation
131A
Compensation in respect of suspension
(1)
The Secretary of State must by regulations make a scheme for the
5
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 or licences being suspended by virtue of section
128(7A) to (7G) or (as the case may be) 130(7) to (13),
10
(b)
non-income losses so incurred, and
(c)
any other matters which relate to either such suspension and
are 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—
15
(a)
the suspension is terminated because the Registrar decides
not to remove the person’s name from the register or (as the
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
20
or (as the case may be) to revoke the licence (whether or not
the Registrar’s decision has taken effect), or
(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
25
appeal against it is successfully concluded, any payments under a
scheme may 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,
30

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-
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—
35
(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
40
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
45
amounts of any such payments may appeal to the First-tier Tribunal.

Driving Instruction (Suspension and Exemption Powers) Bill
Schedule 2 — Repeals
10

(7)
On an appeal, the First-tier Tribunal may make such order as it
considers appropriate.
(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
5
making an order under subsection (7)) remit the matter to the
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.”
10
Schedule 2
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

15

the Road Safety Act 2006 (c. 49))—

(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

20

that time suspended”.

Section 127(9).

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

Section 129(9).

Section 130(7) to (13).

25

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

subsection by Schedule 6 to the Act of 2006),

paragraph (ba).

30

Driving Instruction (Suspension
Section 4(1).

and Exemption Powers) Act
Schedule 1.