S.I. 2003/1113: memorandum from the
Department for Transport
Motor Vehicles (Tests) (Amendment) Regulations
2003 (S.I. 2003/1113)
1. The Joint Committee asked the Department for Transport
to submit a memorandum on the following points:
Regulation 3(1)(e) inserts a definition of "proper
officer" in relation to a designated council in England or
Wales. Why is the expression not defined in relation to a designated
council in Scotland?
Regulation 21 inserts a new regulation 25A in
the principal Regulations, paragraphs (4) and (5) of which provide
for apparatus to be replaced free of charge where it has become
unserviceable by reason of fair wear and tear. Is it intended
that a charge must be paid where replacement is necessary because
the apparatus supplied by the Secretary of State is defective,
and if not, why is no provision made for such a case?
2. As to the first point, the Department regrets
the omission of a definition of "proper officer" in
relation to Scotland. A definition had been included in early
drafts of the Regulations. Its inadvertent omission from later
drafts had not been noticed. The Department intends to make further
amendments to the principal Regulations later this year (draft
amendments are currently the subject of consultation), and will
rectify the omission at that stage. The absence of a definition
relevant to designated councils in Scotland is unlikely to cause
any practical difficulty since the term "proper officer"
should be familiar to those who work for Scottish local authorities.
3. As to the second point, the Secretary of State
would not seek to make a charge for the replacement of apparatus
that was faulty on delivery. The Department concedes that "fair
wear and tear" is not apt in relation to apparatus that is
defective when supplied. It is intended to include appropriate
amendments in the set of further amendments that are to be made
later this year. The Joint Committee may wish to know that the
first supply of apparatus for purposes of the Regulations is not
expected to take place this year.
16th May 2003