Appendix 1
S.I. 2012/2939: memorandum from
the Department for Transport
Rehabilitation Courses (Relevant Drink Offences)
Regulations 2012 (S.I. 2012/2939)
1. By a letter dated 16th January 2013,
the Joint Committee on Statutory Instruments requested a memorandum
on the following points:
"Explain how the amount of the continuing
approval fee payable under regulation 5(5) after a course ceases
to be approved is intended to be calculated and how effect is
given to that intention."
2. The continuing approval fee is intended to be
calculated by multiplying £7 by the number of persons ("relevant
offenders") who complete an approved course in the period
1st January to 31st March, 1st
April to 30th June, 1st July to 30th
September or 1st November to 31st December
(a "relevant period"). This method of calculation is
intended to apply both where a course is approved and where a
course ceases to be approved.
3. If a course ceases to be approved, the provider
of the course is no longer the provider of an approved course
for the purposes of sections 34A to 34C of the Road Traffic Offenders
Act 1988 and is then unable to certify that an approved course
has been completed. In such case it is intended that the number
of relevant offenders to be used in the calculation of the continuing
approval fee is the number who complete an approved course in
the period commencing with the start of a relevant period and
ending on the date on which approval of the course ceases.
4. The Department considers that the provisions of
regulation 5 give effect to this intention.
Department for Transport
22 January 2013
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