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Prospective
46.—(1) For the purposes of this Part persons may carry on business in the provision of driving instruction in any way, including in particular–
(a)by giving instruction themselves;
(b)by arranging for the giving of driving instruction by their employees; or
(c)by arranging for the giving of driving instruction by persons who are franchisees under driving instruction franchises under which they are the franchisor.
(2) In this Part “a driving instruction franchise” is an agreement under which one party (“the franchisor”) grants to another party (“a franchisee”) rights consisting of or including the right to use a particular trading name, style or design in the carrying on of business in the giving of driving instruction.
(3) In this Part references to “the franchisor” and “a franchisee”, in relation to a driving instruction franchise, shall be construed accordingly.
(4) In this Part “current”, in relation to a licence or certificate, means one which has not expired and has not been cancelled, revoked or suspended.
(5) In this Part–
(a)“Community licence” [F1and “counterpart”, in relation to a Community licence ];
(b)“provisional licence”; and
(c)“motor vehicle”;
have the same meanings as in the Order of 1981.
(6) In this Part–
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Department.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1Words in art. 46(5) repealed (prosp.) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 40(6), 86(2), Sch. 5 para. 60, Sch. 8 Pt. V
46.—(1) For the purposes of this Part persons may carry on business in the provision of driving instruction in any way, including in particular–
(a)by giving instruction themselves;
(b)by arranging for the giving of driving instruction by their employees; or
(c)by arranging for the giving of driving instruction by persons who are franchisees under driving instruction franchises under which they are the franchisor.
(2) In this Part “a driving instruction franchise” is an agreement under which one party (“the franchisor”) grants to another party (“a franchisee”) rights consisting of or including the right to use a particular trading name, style or design in the carrying on of business in the giving of driving instruction.
(3) In this Part references to “the franchisor” and “a franchisee”, in relation to a driving instruction franchise, shall be construed accordingly.
(4) In this Part “current”, in relation to a licence or certificate, means one which has not expired and has not been cancelled, revoked or suspended.
(5) In this Part–
(a)“Community licence” and “counterpart”, in relation to a Community licence;
(b)“provisional licence”; and
(c)“motor vehicle”;
have the same meanings as in the Order of 1981.
(6) In this Part–
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Department.
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