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Supplementary and final provisions |
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5 | Consequential provision |
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(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). |
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(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 |
| |
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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 |
| |
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(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 |
| |
| |
7 | Citation, commencement and extent |
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(1) | This Act may be cited as the Driving Instruction (Suspension and Exemption |
| |
| 30 |
(2) | Sections 5 and 6 and this section come into force on the day on which this Act |
| |
| |
(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. |
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|
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|
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|
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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 |
| |
| 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 |
| |
(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 |
| |
(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) |
| |
| |
|
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|
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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 |
| |
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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) |
| |
| |
(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 |
| |
| |
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) |
| |
| |
(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 |
| |
| 30 |
“(ba) | a person’s registration was, or was not, suspended,”. |
| |
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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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
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|
| |
|
(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) |
| |
| |
(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- |
| |
| 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) |
| |
| |
“(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 |
| |
| |
(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 |
| |
| |
(b) | section 131A(3), and the words “(whether or not the |
| |
Registrar’s decision has taken effect)” in section 131A(2)(b), |
| |
| 40 |
|
| |
|
| |
|
Compensation in respect of suspension |
| |
7 | After section 131 of the Road Traffic Act 1988 (c. 52) (appeals) insert— |
| |
| |
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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(7) | On an appeal, the First-tier Tribunal may make such order as it |
| |
| |
(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. |
| |
| |
“income losses” means losses of income, and |
| |
“non-income losses” means losses other than income losses.” |
| 10 |
| |
| |
| |
| | | | | | 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 | | | | | | | | | | | | | | | | | | | | | | | | | 25 | | | 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 |
| | | | | subsection by Schedule 6 to the Act of 2006), |
| | | | | | | 30 | | Driving Instruction (Suspension |
| | | | | and Exemption Powers) Act |
| | | |
|
|
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|