Appendix 3
S.I. 2003/3027: memorandum from the Department
for Transport
Motor Cars (Driving Instruction) (Amendment) Regulations
2003 (S.I. 2003/3027)
1. The Committee has asked for a memorandum on the
following matters:-
(1) Given that these Regulations correct an error
in S.I. 2002/2640, have arrangements been made for copies to be
made available free of charge to purchasers of that instrument?
If not, why not? (See Statutory Instrument Practice, paragraph
3.4.11). If so, why do these Regulations not bear an italic headnote
to that effect, as required by paragraph 3.4.12?
(2) In its memorandum of 25 November 2002, the
Department said that it would make the necessary corrections as
soon as possible. Why has it taken a year to do this?
(3) In new regulations 3(4A)(b) and 5(7A)(b),
as inserted by regulations 3 and 4, should "the examination"
read "the written examination"?
2. As to point (1), the procedure provided for in
paragraphs 3.4.11 and 3.4.12 of the Statutory Instrument Practice
was not followed due to a misunderstanding about the requirement.
This is regretted. We will arrange for the future that copies
of the instrument will be issued free of charge to those who purchased
the Motor Cars (Driving Instruction) (Amendment) Regulations 2002
(S.I. 2002/2640). We will also look into whether persons
who have already purchased S.I. 2003/3027 can be reimbursed.
3. As to point (2), we had hoped to make the amendments
sooner but pressure of work earlier this year on prospective primary
legislation followed by staffing changes delayed work on them.
This also is regretted. However, we understand that the Driving
Standards Agency, who administer driving instructors' examinations,
had from the outset proceeded on the basis that the transitional
position under S.I. 2002/2640 was as has now been provided for.
In practice, no one should therefore have suffered as a result
of the omission of the provisions.
4. As to point (3), we agree that "written"
should have been included before "examination" in the
paragraphs concerned. However, we would suggest that the meaning
of the provisions is clear from the context. In both regulations
3(4A)(b) and 5(7A)(b), there is a reference to the passing of
the driving ability and fitness test after the passing of the
examination. As the driving ability and fitness test is part of
the "examination" as defined in the principal instrument
it cannot in that context reasonably be construed as meaning the
examination as a whole. Nevertheless, the ambiguity is regretted.
5 January 2004
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