Search Legislation

Road Traffic Act 1988

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Road Traffic Act 1988. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part VE+W+S Driving Instruction

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C1Pt. 5 modified (temp.) (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 Pt. 2

Instructors to be registered or licensedE+W+S

123 Driving instruction for payment to be given only by registered or licensed persons.E+W+S

(1)No paid instruction in the driving of a motor car shall be given unless—

(a)the name of the person giving the instruction is in the register of approved instructors established in pursuance of section 23 of the M1Road Traffic Act 1962 (in this Part of this Act referred to as “the register”) [F1and the registration is not suspended] , or

(b)the person giving the instruction is the holder of a current licence granted under this Part of this Act authorising him to give such instruction.

(2)No paid instruction in the driving of a motor car shall be given unless there is fixed to and exhibited on that motor car in such manner as may be prescribed by regulations either—

(a)a certificate in such form as may be so prescribed that the name of the person giving the instruction is in the register, or

(b)a current licence granted under this Part of this Act authorising the person giving the instruction to give such instruction.

(3)For the purposes of subsections (1) and (2) above, instruction is paid instruction if payment of money or money’s worth is, or is to be, made by or in respect of the person to whom the instruction is given for the giving of the instruction and for the purposes of this subsection instruction which is given—

(a)free of charge to a person who is not the holder of a current licence to drive a motor vehicle granted under Part III of this Act (other than a provisional licence),

(b)by, or in pursuance of arrangements made by, a person carrying on business in the supply of motor cars, and

(c)in connection with the supply of a motor car in the course of that business,

shall be deemed to be given for payment of money by the person to whom the instruction is given.

(4)Where instruction is given in contravention of subsection (1) above—

(a)the person by whom it is given, and

(b)if that person is employed by another to give that instruction, that other, as well as that person,

is guilty of an offence.

(5)In proceedings against a person for an offence under subsection (4) above it shall be a defence for him to prove that he did not know, and had no reasonable cause to believe, that his name or, as the case may be, that of the person employed by him, was not in the register at the material time [F2, or (as the case may be) that the registration was at that time suspended] .

(6)If instruction is given in contravention of subsection (2) above, the person by whom it is given is guilty of an offence.

(7)Any reference in this Part of this Act to a current licence [F3or certificate] is a reference to a licence [F3or certificate] which has not expired and has not been cancelled, revoked or suspended.

[F4(8)In this Part of this Act—

  • paid instruction”, in relation to instruction in the driving of a motor car, shall be construed in accordance with subsection (3) above; and

  • provisional licence” has the same meaning as in Part III of this Act.]

Annotations: Help about Annotation
Close

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)

F3Words in s. 123(7) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 2(2); S.I. 1996/1980, art. 2

F4S. 123(8) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 2(3); S.I. 1996/1980, art. 2

Modifications etc. (not altering text)

C2S. 123 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

Prospective

[F5123APaid driving instruction: offencesE+W+S

(1)If driving instruction is given in contravention of section 123(1)(a) of this Act—

(a)the person by whom it is given,

(b)if that person is employed by another to give that instruction, that other (as well as that person), and

(c)if that person is a franchisee under a driving instruction franchise, the franchisor under the driving instruction franchise (as well as that person),

is guilty of an offence.

(2)If a person contravenes section 123(1)(b) of this Act he is guilty of an offence.

(3)In proceedings against a person for an offence under subsection (1) or (2) above it shall be a defence for him to prove that he did not know, and had no reasonable cause to believe, that—

(a)in a case within paragraph (a) of subsection (1) above, or within subsection (2) above, he,

(b)in a case within paragraph (b) of subsection (1) above, the person employed by him, or

(c)in a case within paragraph (c) of that subsection, the person who was the franchisee under the driving instruction franchise,

was not at the material time registered in respect of the description of driving instruction in question [F6or (as the case may be) that the registration was at that time suspended ].

(4)If a person contravenes section 123(2) of this Act he is guilty of an offence.]

Annotations: Help about Annotation
Close

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)

F5Ss. 123, 123A and cross-heading substituted (prosp.) for s. 123 and cross-heading by Road Safety Act 2006 (c. 49), ss. 42, 61, Sch. 6 para. 2

124 Exemption of police instructors from prohibition imposed by section 123.E+W+S

(1)Section 123(1) and (2) of this Act does not apply to the giving of instruction by a police instructor in pursuance of arrangements made by a chief officer of police or, under the authority of a chief officer of police, in pursuance of arrangements made by a local authority.

[F7(1A)Section 123(1) and (2) also does not apply to the giving of instruction by a [F8NCA instructor] in pursuance of arrangements made by the Director General of the [F9National Crime Agency] .

In this subsection “ [F10NCA] instructor” means [F11an NCA officer] whose duties consist of or include the giving instruction in the driving of motor cars to other [F12NCA officers] .]

(2)In this section—

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • police instructor” means a person who is—

    (a)

    a member of a police force whose duties consist of or include, or have consisted of or included, the giving of instruction in the driving of motor cars to persons being members of a police force, or

    (b)

    a civilian employed by a police authority for the purpose of giving such instruction to such persons, and

  • local authority” means—

    (a)

    in relation to England and Wales, the council of a county, metropolitan district, or London borough or the Common Council of the City of London,

    (b)

    in relation to Scotland, a regional or islands council.

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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)

F13S. 124(2): definitions of "chief officer of police", "police authority" and "police force" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178, Sch. 4, para. 53(2), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13 (subject to art. 4(2)-(7))

Modifications etc. (not altering text)

C3S. 124 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

RegistrationE+W+S

125 The register of approved instructors.E+W+S

(1)The compilation and maintenance of the register shall continue by virtue of this Act.

(2)An application for the entry of a person’s name in the register must be made, in manner determined by the Secretary of State, accompanied by particulars so determined, to the officer of the Secretary of State (in this Part of this Act referred to as “the Registrar”) by whom the register is, on behalf of the Secretary of State, compiled and maintained.

(3)Where a person duly applies for the entry of his name in the register, the Registrar must, on payment of such fee, if any, as may be prescribed by regulations, enter his name in the register if he satisfies the Registrar that the following conditions are fulfilled in his case—

(a)he has passed such examination of ability to give instruction in the driving of motor cars (consisting of a written examination, a practical test of ability and fitness to drive and a practical test of ability and fitness to instruct) as may be so prescribed,

[F15(b)he is the holder of–

(i)a current licence to drive a motor car (not being a provisional licence) granted under Part III of this Act,

(ii)a current licence to drive a motor car (not being a licence corresponding to a provisional licence) granted under the law in force in Northern Ireland, or

(iii)[F16an] [F16EU] licence by which he is authorised to drive a motor car in Great Britain F17...,]

(c)during the period of six years ending with the day on which the application is made, the periods (if any) for which he did not hold one or more of the following licences, that is—

(i)a current licence of one of the kinds mentioned in paragraph (b) above, and

[F18(ii)a current foreign licence, that is to say a document issued under the law of a country or territory other than an EEA State (within the meaning of Part III of this Act F19), authorising the holder to drive a motor car in that country or territory.]

did not amount in aggregate to more than two years,

(d)he has not, during any part of the period of four years ending with the day on which the application is made, been disqualified under section 34 or 36 of the M2Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, and

(e)apart from fulfilment of the preceding conditions, he is a fit and proper person to have his name entered in the register.

(4)At any time when a person who held a current licence of one of the following kinds, that is—

(a)a licence to drive a motor car granted under Part III of this Act, being a provisional licence, and

(b)a licence to drive a motor car (being a licence corresponding to a provisional licence) granted under the law in force in Northern Ireland,

had passed the test of competence to drive a motor car prescribed by virtue of section 89(3) of this Act or the corresponding law in force in Northern Ireland, he shall be regarded for the purposes of paragraph (c) of subsection (3) above as having held a current licence of one of the kinds mentioned in paragraph (b) of that subsection.

(5)The entry of a person’s name in the register shall be subject to the condition that, so long as his name is in the register, he will, if at any time required to do so by the Registrar, [F20submit himself for such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations.]

(6)Regulations may provide that persons of such class as may be specified in the regulations shall be exempt from the condition mentioned in subsection (3)(a) above as regards such part of the examination mentioned in that paragraph as may be so specified.

(7)If the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for the establishment of a register containing the names of persons qualified under that law to give instruction in the driving of motor cars, a person who satisfies the Registrar—

(a)that his name is in the register established under that law, and

(b)that he is resident in Great Britain,

shall be exempt from the condition mentioned in subsection (3)(a) above.

(8)The Registrar must, on making a decision on an application under subsection (2) above, give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.

[F21(9)Subsections (2) to (8) above do not apply in relation to an application by a person to have his name entered in the register as that of a disabled instructor and to his entry in the register as such.]

[F22(10)In this Part of this Act, “ [F16EU] licence” [F23has the same meaning] as in Part III of this Act.]

Annotations: Help about Annotation
Close

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)

F15S. 125(3)(b) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(a)

F18S. 125(3)(c)(ii) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(b)

F19See section 108(1), the relevant amendments being by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974).

F20Words in s. 125(5) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 7; S.I. 2002/658, art. 2(2), Sch. Pt. 2

F21S. 125(9) substituted (9.9.1996) by 1993 c. 31, ss. 6, Sch. para. 3; S.I. 1996/1980, art. 2

F22S. 125(10) inserted (1.4.1999) by S.I. 1999/357, reg. 2(2)(c)

Modifications etc. (not altering text)

C4S. 125 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

Prospective

[F24125ZAConditions of registrationE+W+S

(1)Where a person duly applies to be registered in respect of a description of driving instruction, the Registrar must register him in respect of that description of driving instruction if he satisfies the Registrar that the conditions prescribed under this subsection are fulfilled.

(2)In the case of applications by persons to be registered in relation to the giving of a description of driving instruction, those conditions may (in particular) include—

(a)conditions requiring the persons to have passed such examinations of ability and fitness to give driving instruction of that description as may be prescribed under section 132 of this Act,

(b)conditions requiring the persons to hold, or to have held for a prescribed period, such licences to drive motor vehicles of a prescribed description as may be prescribed, F25...

(c)conditions requiring the persons not to have been disqualified during a prescribed period under prescribed provisions for holding or obtaining a licence to drive motor vehicles[F26, and

(d)in the case of persons who have been required under section 125(3C) to submit themselves for emergency control assessments, conditions requiring the persons to hold current emergency control certificates.]

(3)A person may be registered in respect of a description of driving instruction subject to fulfilling the conditions prescribed under this subsection for so long as he continues to be so registered.

(4)In the case of the registration of persons in relation to the giving of a description of driving instruction, those conditions may (in particular) include—

(a)conditions requiring the persons, if at any time required to do so by the Registrar, to submit themselves for such examinations of continued ability and fitness to give driving instruction of that description as may be prescribed under section 132 of this Act,

(b)conditions requiring the persons to have passed those examinations,

[F27(ba)conditions requiring the persons, if at any time required to do so by the Registrar in the circumstances mentioned in section 125(3D), to submit themselves for emergency control assessments (whether or not they already hold emergency control certificates) on such days (within such periods as may be prescribed) and at such places as may be specified by the Registrar,

(bb)conditions requiring the persons to hold an emergency control certificate following any such assessment,]

(c)conditions within subsection (2)(b) [F28and (c)] [F28, (c) and (d)] above, [F29and]

[F30(ca)conditions requiring that, if instruction in the driving of a motor vehicle is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the vehicle, the persons will only give such instruction if they would be able to take control of the vehicle if such an emergency arose while giving the instruction, and]

(d)conditions requiring the persons to follow guidance issued by the Registrar as to the giving of driving instruction of that description.

(5)In the case of the registration of persons in relation to the carrying on of business in the provision of a description of driving instruction, those conditions may (in particular) include—

(a)conditions requiring the persons to secure that motor vehicles and premises used by them in the carrying on of the business meet prescribed standards throughout the period of registration,

(b)conditions requiring the persons, if at any time required to do so by the Registrar, to allow those motor vehicles and premises to be inspected, and

(c)conditions requiring the persons to follow guidance issued by the Registrar as to the carrying on of business in the provision of driving instruction of that description.

(6)The conditions prescribed under subsection (1) or (3) above may (in particular) include a condition that persons are fit and proper persons to be, or to continue to be, registered.

(7)Regulations may include provision for persons of a prescribed description to be exempt from any condition, to such extent as is prescribed, in prescribed circumstances.]

Annotations: Help about Annotation
Close

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)

F24S. 125ZA inserted (prosp.) by Road Safety Act 2006 (c. 49), ss. 42, 61, Sch. 6 para. 5

F25Word in s. 125ZA(2)(b) omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 4(2)(a)

F26S. 125ZA(2)(d) and preceding word inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 4(2)(b)

F27S. 125ZA(4)(ba)(bb) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 4(3)(a)

F28Words in s. 125ZA(4)(c) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 4(3)(b)

F29Word in s. 125ZA(4)(c) omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 4(3)(c)

F30S. 125ZA(4)(ca) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 4(3)(d)

F31125A Registration of disabled persons.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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)

F31S. 125A omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 5; and words in s. 125A(8) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 23, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F32125B Provisions supplementary to section 125A.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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)

F32S. 125B omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 5

126 Duration of registration.E+W+S

(1)Unless previously removed under the following provisions of this Part of this Act, the name of a person shall, subject to subsection (2) below, be removed from the register at the end of the period of four years beginning with—

(a)the first day of the month next after that in which the entry of his name was made, or

(b)where his name has been retained in the register under section 127 of this Act, the day with which the last further period for which his name was so retained began.

(2)If an application for the retention of his name in the register is made under section 127 of this Act before the end of that period, the name must not be removed except in pursuance of a decision of the Registrar having effect under that section.

(3)Where a person whose name has been removed from the register under subsection (1) above applies under section 125(2) of this Act for his name to be entered again in the register, he shall be required again to pass the examination mentioned in section 125(3)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.

[F33(4)Where a registered disabled instructor whose name has been removed from the register under subsection (1) above applies under section 125A(1) of this Act for his name to be entered again in the register as that of a disabled instructor, he shall be required again to pass the examination mentioned in section 125A(6)(a) of this Act unless the application is made before the end of the period of one year beginning with the end of the period of four years mentioned in subsection (1) above.]

Annotations: Help about Annotation
Close

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)

F33S. 126(4) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 4; S.I. 1996/1980, art. 2

Modifications etc. (not altering text)

C7S. 126 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

127 Extension of duration of registration.E+W+S

(1)A person may, before the time when his name is required under section 126(1) of this Act to be removed from the register, apply to the Registrar, in manner determined by the Secretary of State, accompanied by particulars so determined, for the retention of his name in the register for a further period of four years.

(2)On an application under subsection (1) above, he shall be entitled, on payment of such fee, if any, as may be prescribed by regulations, to have his name retained in the register for that further period, if he satisfies the Registrar that the [F34relevant] conditions are fulfilled in his case.

(3)[F35Except in the case of a registered disabled instructor, the relevant conditions are]

(a)that he has not refused to undergo any such test as is mentioned in section 125(5) of this Act which he has been required to undergo during the period of four years ending with the time when his name is required under section 126(1) of this Act to be removed from the register,

(b)that his ability and fitness to give instruction in the driving of motor cars continue, having regard to any such test or tests which he has undergone during that period, to be of a satisfactory standard,

(c)that he is the holder of a current licence of one of the kinds mentioned in section 125(3)(b) of this Act,

(d)that he has not during any part of that period been disqualified under section 34 or 36 of the M3Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, and

(e)that, apart from fulfilment of the preceding conditions, he continues to be a fit and proper person to have his name entered in the register.

[F36(3A)In the case of a registered disabled instructor, the relevant conditions are—

(a)that he holds a current emergency control certificate,

(b)that he has not refused to undergo—

(i)any such assessment as is mentioned in section 125B(6)(a) of this Act, or

(ii)any such test as is mentioned in section 125B(6)(b) of this Act,

which he has been required to undergo during the period of four years ending with the time when his name is required under section 126(1) of this Act to be removed from the register,

(c)that his ability and fitness to give instruction in the driving of motor cars continue, having regard to any such test or tests of the kind mentioned in section 125B(6)(b) of this Act which he has undergone during that period, to be of a satisfactory standard,

(d)that he is the holder of a current disabled person’s limited driving licence,

(e)that he has not during any part of that period been disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, and

(f)that, apart from fulfilment of the preceding conditions, he continues to be a fit and proper person to have his name entered in the register as that of a disabled instructor.]

[F37(4)The retention of a person’s name under this section shall be subject—

(a)in the case of its retention by virtue of subsection (3) above, to the condition mentioned in section 125(5) of this Act, and

(b)in the case of its retention by virtue of subsection (3A) above, to the condition mentioned in section 125B(6) of this Act.]

(5)Before refusing an application under subsection (1) above the Registrar must give to the applicant written notice stating that he is considering the refusal of the application and giving particulars of the grounds on which he is considering it.

(6)Where the Registrar gives notice under subsection (5) above—

(a)the applicant may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed refusal,

(b)the Registrar must not decide to refuse the application until after the expiration of that period, and

(c)before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made by the applicant within that period.

(7)On deciding to grant or refuse an application the Registrar must give notice in writing of the decision to the person concerned.

[F38(7A)A decision to refuse an application shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).]

(8)[F39But the Registrar may, when giving notice of his decision to refuse the application, direct that the decision shall instead] take effect—

(a)where no appeal under the following provisions of this Part of this Act is brought against the decision within the time limited for the appeal, on the expiration of that time,

(b)where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal,

(c)where such an appeal is brought and not withdrawn or struck out for want of prosecution, if and when the appeal is dismissed, and not otherwise.

[F40(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) and 131A to—

(a)a notice under section 128(4) were references to a notice 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.]

Annotations: Help about Annotation
Close

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)

F34Word in s. 127(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(2); S.I. 1996/1980, art. 2

F35Words in s. 127(3) substituted (9.9.1996) by 1993 c. 31, s. Sch. para. 5(3); S.I. 1996/1980, art. 2

F36S. 127(3A) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(4); S.I. 1996/1980, art. 2

F37S. 127(4) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(5); S.I. 1996/1980, art. 2

F38S. 127(7A) inserted (1.4.2002) by 2000 c. 38, s. 259(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(1))

F39Words in s. 127(8) substituted (1.4.2002) by 2000 c. 38, s. 259(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(1))

Modifications etc. (not altering text)

C8S. 127 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

128 Removal of names from register.E+W+S

(1)The Registrar may remove the name of a person from the register if he is satisfied that—

(a)in a case where his name has not been retained in the register under section 127 of this Act, at any time since the entry of his name was made, and

(b)in a case where his name has been so retained under that section, at any time since it was last retained,

any of the [F41relevant] conditions was fulfilled in his case.

(2)[F42Except in the case of a registered disabled instructor, the relevant conditions are]

(a)that he held [F43none]of the kinds of current licence mentioned in section 125 (3)(b) of this Act,

(b)that he was disqualified under section 34 or 36 of the M4Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act,

(c)that he refused to undergo a test such as is mentioned in section 125 (5) of this Act,

(d)that he failed to pass such a test,

(e)that he ceased, apart from fulfilment of any of the preceding conditions, to be a fit and proper person to have his name included in the register.

[F44(2A)In the case of a registered disabled instructor, the relevant conditions are—

(a)that he did not hold a current emergency control certificate,

(b)that he did not hold a current disabled person’s limited driving licence,

(c)that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act,

(d)that he refused to undergo any such assessment as is mentioned in section 125B(6)(a) of this Act,

(e)that he refused to undergo, or failed to pass, any such test as is mentioned in section 125B(6)(b) of this Act,

(f)that he ceased, apart from fulfilment of the preceding conditions, to be a fit and proper person to have his name included in the register as that of a disabled instructor.]

(3)The Registrar may remove the name of a person from the register if the entry of his name in the register, or the retention of his name in the register, was made by mistake or procured by fraud.

(4)Before removing the name of a person from the register under this section, the Registrar must give him written notice stating that he is considering the removal and giving particulars of the grounds on which he is considering it.

(5)Where the Registrar gives notice to a person under subsection (4) above—

(a)that person may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed removal,

(b)the Registrar must not decide to remove his name from the register until after the expiration of that period, and

(c)before deciding whether or not to remove his name from the register, the Registrar must take into consideration any such representations made by him within that period.

(6)The Registrar must, on making a decision to remove a name from the register, give notice in writing of the decision to the person concerned.

[F45(6A)A decision to remove a name from the register shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).]

(7)[F46But the Registrar may, when giving notice of his decision to remove the name from the register, direct that the decision shall instead] take effect—

(a)where no appeal under the following provisions of this Part of this Act is brought against the decision within the time limited for the appeal, on the expiration of that time,

(b)where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal,

(c)where such an appeal is brought and not withdrawn or struck out for want of prosecution, if and when the appeal is dismissed, and not otherwise.

[F47(7A)The Registrar may suspend a person's registration if the Registrar—

(a)has given, or is about to give, the person notice under subsection (4),

(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 were not suspended.

(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 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 the register,

(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 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.

(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) to (c) or (e).

(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 being in the register.]

F48[(8)Where a person whose name has been removed from the register under this section applies under subsection (2) of section 125 of this Act for his name to be entered again in the register and either—

(a)the application is made after the end of the period of one year beginning with the date on which his name was removed; or

(b)his name was removed on the grounds that he has failed to pass such a test as is mentioned in subsection (5) of that section,

the Registrar shall not regard the condition specified in paragraph (a) of subsection (3) of that section as fulfilled unless he is satisfied that that person has again passed the examination mentioned in that paragraph since the date on which his name was removed from the register.]

[F49(9)Where a person whose name was entered in the register as that of a disabled instructor and whose name has been removed from the register under this section applies under subsection (1) of section 125A of this Act for his name to be entered again in the register as that of a disabled instructor and either—

(a)the application is made after the end of the period of one year beginning with the date on which his name was removed, or

(b)his name was removed on the ground that he has failed to pass such a test as is mentioned in section 125B(6)(b) of this Act,

the Registrar shall not regard the condition mentioned in section 125A(6)(a) of this Act as fulfilled unless he is satisfied that that person has again passed the examination mentioned in the said section 125A(6)(a) since the date on which his name was removed from the register.]

Annotations: Help about Annotation
Close

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)

F41Word in s. 128(1) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(2); S.I. 1996/1980, art. 2

F42Words in s. 128(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(3); S.I. 1996/1980, art. 2

F43Word in s. 128(2)(a) substituted (1.4.1999) by S.I. 1999/357, reg. 2(4)

F44S. 128(2A) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(4); S.I. 1996/1980, art. 2

F45S. 128(6A) inserted (1.4.2002) by 2000 c. 38, s. 259(2); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(1))

F46Words in s. 128(7) substituted (1.4.2002) by 2000 c. 38, s. 259(2); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(1))

F48S. 128(8) inserted by S.I. 1991/1129, art. 2

F49S. 128(9) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(5); S.I. 1996/1980, art. 2

Modifications etc. (not altering text)

C12S. 128 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

Prospective

[F50128ZASuspension of registration by RegistrarE+W+S

(1)The Registrar may suspend a person's registration in respect of any description of driving instruction if the Registrar—

(a)has given, or is about to give, the person notice under section 127(5) or 128(4) in relation to the person's registration in respect of that description of driving instruction,

(b)is considering whether to refuse the application for an extension of the person's registration or (as the case may be) whether to terminate the person's registration, or has decided so to refuse or terminate 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 were not suspended.

(2)The Registrar must, on deciding to suspend a person's registration in respect of any description of driving instruction, give written notice of the decision to the person.

(3)The decision to suspend takes effect on the giving of the notice.

(4)No notice may be given under subsection (2) before the notice under section 127(5) or (as the case may be) 128(4) is given but the subsection (2) notice may be included in the section 127(5) or 128(4) notice if the section 127(5) or 128(4) notice is still to be given when the decision to suspend is made.

(5)A suspension under this section is terminated if—

(a)the Registrar decides not to refuse the application for an extension of the person's registration or (as the case may be) decides not to terminate the person's registration,

(b)the Registrar decides to refuse the application for an extension of the person's registration or (as the case may be) to terminate the person's registration but the decision has not taken effect and an appeal against the decision is successfully concluded,

(c)the Registrar has not decided whether to refuse the application for an extension of the person's registration or (as the case may be) whether to terminate the person's registration and the period of 75 days beginning with the giving of the section 127(5) or 128(4) notice has ended,

(d)the person's registration is terminated (whether under section 128 or otherwise), or

(e)the Registrar decides to terminate the suspension.

(6)The Registrar must give written notice to a person of the fact that the person's suspension is terminated as mentioned in subsection (5)(a) to (c) or (e).

(7)For the purposes of this Part of this Act, the fact that a person's registration is suspended does not prevent the person from being “registered”; and “registration” is to be construed accordingly.]

Annotations: Help about Annotation
Close

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)

Prospective

[F51128ZBCompensation in respect of suspensionE+W+S

(1)The Secretary of State must by regulations make a scheme for the 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 being suspended by virtue of section 128ZA,

(b)non-income losses so incurred, and

(c)any other matters which relate to such a suspension and are provided for in the scheme.

(2)No payments may be made under a scheme in respect of a person's suspension unless—

(a)the suspension is terminated because the Registrar decides not to refuse the application for an extension of the person's registration or (as the case may be) decides not to terminate the person's registration,

(b)an appeal is successfully concluded against the decision of the Registrar to refuse the application for an extension of the person's registration or (as the case may be) to terminate the person's registration (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 refuse the application for an extension of the person's registration or (as the case may be) to terminate the person's registration has taken effect before an 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,

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—

(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 claims may be made and the provision of information) in respect of claims under the scheme and for the determination of such claims.

(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 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 considers appropriate.

(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 making an order under subsection (7)) remit the matter to the Secretary of State for the Secretary of State to reconsider the decision.

(9)In this section—

  • income losses” means losses of income, and

  • non-income losses” means losses other than income losses.]

Annotations: Help about Annotation
Close

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)

Prospective

[F52128APower to give direction as to further applicationsE+W+S

(1)This section applies when the Registrar decides—

(a)to refuse to register a person,

(b)to refuse an application for the extension of a person's registration, or

(c)to terminate a person's registration,

in respect of any description of driving instruction.

(2)The Registrar may direct that any application by that person to be registered in respect of that description of driving instruction shall not be entertained before the end of such period, not exceeding four years beginning with the day on which the decision takes effect, as may be specified in the direction.

(3)Notice of any such direction must be included in the notice of the decision in connection with which it is given.]

Annotations: Help about Annotation
Close

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)

[F53128BDirection to disregard emergency control assessment requirementE+W+S

(1)This section applies where a person has been required under section 125(3C), or as mentioned in section 125ZA(4)(ba), to submit himself for an emergency control assessment.

(2)At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed).

(3)At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply).

(4)Notice of—

(a)the withdrawal of a requirement under subsection (2), or

(b)a direction under subsection (3),

must be given to the person on whom the requirement was imposed.]

Annotations: Help about Annotation
Close

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)

F53S. 128B inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 9

LicencesE+W+S

129 Licences for giving instruction so as to obtain practical experience.E+W+S

(1)A licence under this section is granted for the purpose of enabling a person to acquire practical experience in giving instruction in driving motor cars with a view to undergoing [F54either—

(a)] such part of the examination referred to in section 125(3)(a) of this Act [F55, or

(b)such part of any examination prescribed for the purposes of section 125A(6)(a) of this Act,]

as consists of a practical test of ability and fitness to instruct.

[F56(2)Subject to subsection (3) below, where a person applies to the Registrar in the manner determined by the Secretary of State, accompanied by particulars so determined, and the Registrar is satisfied either—

(a)that the applicant has passed the other parts of the examination referred to in subsection (1)(a) above and that the conditions set out in section 125(3)(b) to (e) of this Act are fulfilled in his case, or

(b)that the applicant has passed the other parts of the examination referred to in subsection (1)(b) above and that—

(i)he holds a current disabled person’s limited driving licence and a current emergency control certificate, and

(ii)the conditions referred to in subsection (6)(b) and the condition set out in subsection (6)(c) of section 125A of this Act are fulfilled in his case,

the Registrar must, on payment of such fee, if any, as may be prescribed by regulations, grant to the applicant a licence to give paid instruction in the driving of a motor car.]

(3)The Registrar may refuse to grant a licence under this section to an applicant to whom such a licence has previously been issued.

(4)The Registrar must, on making a decision on an application under subsection (2) above, give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds of the refusal.

(5)A licence under this section shall be in such form, shall be in force for such period, [F57and, subject to subsection (5A) below, shall]be granted subject to such conditions, as may be prescribed by regulations.

[F58(5A)A licence granted by virtue of paragraph (b) of subsection (2) above shall be granted subject to the condition that the person to whom it is granted shall not give paid instruction in the driving of a motor car—

(a)unless he holds a current emergency control certificate, and

(b)the car is an authorised motor car.

(5B)In subsection (5A) above “authorised motor car”, in relation to any person, means a motor car which falls within the class of motor car specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.]

(6)Notwithstanding any provision of regulations made by virtue of subsection (5) above prescribing the period for which a licence is to be in force, where a person applies for a new licence in substitution for a licence held by him and current at the date of the application, the previous licence shall not expire—

(a)until the commencement of the new licence, or

(b)if the Registrar decides to refuse the application, until the time limited for an appeal under the following provisions of this Part of this Act against the decision has expired and, if such an appeal is duly brought, it is finally disposed of.

(7)Before deciding to refuse an application for a new licence in substitution for a licence current at the date of the application, the Registrar must give to the applicant written notice stating that he is considering the refusal and giving particulars of the grounds on which he is considering it.

(8)Where the Registrar gives notice under subsection (7) above—

(a)the applicant may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed refusal, and

(b)the Registrar must not decide to refuse the application until after the expiration of that period, and

(c)before deciding whether or not to refuse the application, the Registrar must take into consideration any such representations made within that period.

[F59(9)Sections 130(7) to (13) and 131A apply in relation to suspending a 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 if—

(a)the references in sections 130(7) to (13) and 131A to—

(i)a notice under section 130(3) were references to a 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 decision not being in effect because the licence has not expired, and

(b)section 131A(3), and the words “(whether or not the Registrar's decision has taken effect)” in section 131A(2)(b), were omitted.]

Annotations: Help about Annotation
Close

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)

F54Words in s. 129(1) inserted (9.9.1996) by 1993 c. 31, s. 2(1)(a); S.I. 1996/1980, art. 2

F55Words in s. 129(1) inserted (9.9.1996) by 1993 c. 31, s. 2(1)(b); S.I. 1996/1980, art. 2

F56S. 129(2) substituted (9.9.1996) by 1993 c. 31, s. 2(2); S.I. 1996/1980, art. 2

F57Words in s. 129(5) substituted (9.9.1996) by 1993 c. 31, s. 2(3); S.I. 1996/1980, art. 2

F58S. 129(5A)(5B) inserted (9.9.1996) by 1993 c. 31, s. 2(4); S.I. 1996/1980, art. 2

Modifications etc. (not altering text)

C16S. 129 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

130 Revocation of licences.E+W+S

(1)The registrar may revoke a licence granted under section 129 of this Act—

(a)if the person to whom the licence was granted fails to comply with any of the conditions subject to which it was granted, or

(b)if the Registrar is satisfied that, at any time since the licence was granted, any of the [F60relevant conditions] was fulfilled in his case, or

(c)if the licence was granted by mistake or procured by fraud.

(2)[F61Except in the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act, the relevant conditions are]

(a)that he held [F62none] of the kinds of current licence mentioned in section 125 (3)(b) of this Act, or

(b)that he was disqualified under section 34 or 36 of the M5Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, or

(c)that he ceased, apart from fulfilment of either of the preceding conditions, to be a fit and proper person to have his name in the register.

[F63(2A)In the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act, the relevant conditions are—

(a)that he did not hold a current emergency control certificate, or

(b)that he did not hold a current disabled person’s limited driving licence, or

(c)that he was disqualified under section 34 or 36 of the Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle under Part III of this Act, or

(d)that he ceased, apart from fulfilment of any of the preceding conditions, to be a fit and proper person to have his name in the register as that of a disabled instructor.]

(3)Before revoking a licence granted to a person [F64under this section] the Registrar must give him written notice stating that he is considering the revocation and giving particulars of the grounds on which he is considering it.

(4)Where the Registrar gives notice to a person under subsection (3) above—

(a)that person may, within the period of fourteen days beginning with the day on which the notice is given, make representations with respect to the proposed revocation, and

(b)the Registrar must not decide to revoke the licence until after the expiration of that period, and

(c)before deciding whether or not to revoke the licence, the Registrar must take into consideration any such representations made within that period.

(5)The Registrar must, on making a decision to revoke a licence [F64granted under this section], give notice in writing of the decision to the person concerned.

[F65(5A)A decision to revoke a licence shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).

(6)But the Registrar may, when giving notice of his decision to revoke a licence, direct that (if an appeal under the following provisions of this Part of this Act is brought against the decision) it shall instead take effect—

(a)if the appeal is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal, or

(b)if and when the appeal is dismissed, and not otherwise.]

[F66(7)The Registrar may suspend a person's licence if the Registrar—

(a)has given, or is about to give, the person notice under subsection (3),

(b)is considering whether to revoke the licence, or has decided to revoke the licence 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 licence were not suspended.

(8)The Registrar must, on deciding to suspend a person's licence, give written notice of the decision to the person.

(9)The decision to suspend takes effect on the giving of the notice.

(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—

(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 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 person's suspension is terminated as mentioned in subsection (11)(a) to (c) or (e).

(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-holder.]

Annotations: Help about Annotation
Close

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)

F60Words in s. 130(1)(b) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 7(2); S.I. 1996/1980, art. 2

F61Words in s. 130(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 7(3); S.I. 1996/1980, art. 2

F62Word in s. 130(2)(a) substituted (1.4.1999) by S.I. 1999/357, reg. 2(4)

F63S. 130(2A) inserted (9.9.1996) by 1993 c. 31, s. 6 Sch. para. 7(4); S.I. 1996/1980, art. 2

F64Words in s. 130(3)(5) repealed (1.4.2002) by 2000 c. 38, s. 274, Sch. 31 Pt. V(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (as amended by S.I. 2002/846, art. 2(2))

F65S. 130(5A)(6) substituted (1.4.2002) for s. 130(6) by 2000 c. 38, s. 259(3); S.I. 2002/658, art. 2(2), Sch. Pt. 2

Modifications etc. (not altering text)

C17S. 130 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

AppealsE+W+S

131 Appeals.E+W+S

(1)A person who is aggrieved by a decision of the Registrar—

(a)to refuse an application for the entry of his name in the register, or

(b)to refuse an application for the retention of his name in the register, or

(c)to remove his name from the register,

may [F67appeal to the First-tier Tribunal.]

(2)A person who is aggrieved by a decision of the Registrar—

(a)to refuse an application for the grant of a licence under this Part of this Act, or

(b)to revoke such a licence,

may [F67appeal to the First-tier Tribunal.]

(3)On the appeal the [F68First-tier Tribunal] may make such order—

(a)for the grant or refusal of the application

or,

(b)for the removal or the retention of the name in the register, or the revocation or continuation of the licence,

(as the case may be) as [F69it thinks] fit.

(4)An order for such refusal, removal or revocation may direct that an application by the appellant—

(a)for the grant of a licence under this Part of this Act, or

(b)for his name to be entered in the register,

shall not be entertained before the expiration of such period, not exceeding four years beginning with the day on which the order is made, as may be specified in the order.

[F70(4A)If the [F71First-tier Tribunal considers] that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, [F72it] may (instead of making an order under subsection (3) above) remit the matter to the Registrar for him to reconsider the decision.]

[F73(4B)A person who is aggrieved by a decision of the Registrar not to give a direction under section 127(8), 128(7) or 130(6) of this Act may [F74appeal to the First-tier Tribunal.]

(4C)The [F75First-tier Tribunal] shall determine the appeal by either—

(a)giving the direction concerned, or

(b)dismissing the appeal.

F76. . .

(4D)Where the Registrar has decided to refuse an application for the retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act but either—

(a)he gave a direction under section 127(8), 128(7) or 130(6) of this Act, or

(b)the [F77First-tier Tribunal] have given such a direction on appeal,

he may F78. . . apply to the [F77First-tier Tribunal] for an order that the decision is to take effect immediately.

(4E)The [F79First-tier Tribunal] shall determine the Registrar’s application by either granting or refusing the application.F80. . .

(4F)The [F81First-tier Tribunal] may only grant the application if [F82it considers] that a failure to do so might prejudicially affect—

(a)the well-being of any person to whom the person concerned may give instruction in the driving of a motor car, or

(b)the safety of road users.]

(4G)F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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)

F70S. 131(4A) inserted (1.4.2002) by 2000 c. 38, s. 258(1)(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F73S. 131(4B)-(4F) inserted (1.4.2002) by 2000 c. 38, s. 259(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F84S. 131(5) repealed (1.4.2002) by 2000 c. 38, s. 274, Sch. 31 Pt. V(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(2))

Modifications etc. (not altering text)

C19S. 131 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

F85[F86Compensation]E+W+S

Annotations: Help about Annotation
Close

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)

F85S. 131A and crossheading inserted (8.6.2012 for specified purposes, 6.7.2012 so far as not already in force) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), s. 7(3), Sch. 1 para. 7; S.I. 2012/1356, arts. 3(b), 4(a)

F86S. 131A and preceding cross-heading repealed (prosp.) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), ss. 4(2), 7(3), Sch. 2

131ACompensation in respect of suspensionE+W+S

[F87(1)The Secretary of State must by regulations make a scheme for the 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),

(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—

(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 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 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,

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—

(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 claims may be made and the provision of information) in respect of claims under the scheme and for the determination of such claims.

(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 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 considers appropriate.

(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 making an order under subsection (7)) remit the matter to the Secretary of State for the Secretary of State to reconsider the decision.

(9)In this section—

  • income losses” means losses of income, and

  • non-income losses” means losses other than income losses.]

Annotations: Help about Annotation
Close

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)

F87S. 131A and preceding cross-heading repealed (prosp.) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), ss. 4(2), 7(3), Sch. 2

Examinations and testsE+W+S

132 Examinations and tests of ability to give driving instruction.E+W+S

(1)Regulations may make provision with respect to—

(a)the nature of examinations of the ability of persons to give instruction in the driving of motor cars and tests of continued ability and fitness to give [F88instruction in the driving of motor cars (or appropriate motor cars)], and

(b)evidence of the results of such tests and examinations,

and generally with respect to such tests and examinations.

(2)In particular, but without prejudice to the generality of subsection (1) above, the regulations may make provision—

(a)for requiring a person submitting himself [F89for any] part of such an examination which consists of a practical test, or to [F90any part of such a test of continued ability and fitness which consists of practical assessment], to provide a vehicle for the purposes of [F91the practical test or assessment], being a vehicle in respect of which such conditions as may be specified in regulations are complied with,

(b)for requiring a person applying to submit himself for any part of such an examination [F92, or required to submit himself for such a test,] to pay to the Registrar such fee as may be specified in the regulations in relation to that part [F93or such tests,], and

(c)for requiring a person who desires to submit himself for any part of such an examination [F94, or is required to submit himself for such a test] to supply the Registrar with such particulars as the Secretary of State may determine.

Annotations: Help about Annotation
Close

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)

F88Words in s. 132(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(2); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F89Words in s. 132(2)(a) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(a)(i); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F90Words in s. 132(2)(a) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(a)(ii); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F91Words in s. 132(2)(a) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(a)(iii); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F92Words in s. 132(2)(b) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(b)(i); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F93Words in s. 132(2)(b) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(b)(ii); S.I. 2002/658, art. 2(2), Sch. Pt. 2

F94Words in s. 132(2)(c) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 9(1)(3)(c); S.I. 2002/658, art. 2(2), Sch. Pt. 2

Modifications etc. (not altering text)

C20S. 132 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

133 Review of examinations.E+W+S

(1)On the application of a person who has [F95undergone a relevant examination, or a part of such an examination]

(a)[F96a magistrates' court], or

(b)in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether [F97the examination or part was properly conducted]

(2)If it appears to the court or sheriff [F98the examination or part was not properly]conducted, the court or sheriff may order that any fee payable by the applicant in respect of [F99the examination or part]shall not be paid or, if it has been paid, shall be repaid.

(3)No appeal shall lie under section 131 of this Act in respect of any matter in respect of which an application may be made to a magistrates’ court or a sheriff under subsection (1) above.

[F100(4)In this section “a relevant examination” means—

(a)an examination of ability to give instruction in the driving of motor cars,

(b)a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or

(c)an emergency control assessment.]

Annotations: Help about Annotation
Close

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)

F95Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

F96Words in s. 133(1)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 309; S.I. 2005/910, art. 3

F97Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

F98Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

F99Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

Modifications etc. (not altering text)

C21S. 133 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Prospective

[F101133ZATrainingE+W+S

(1)Regulations may provide that a person—

(a)shall not be permitted to take any part of a relevant instructor examination,

(b)shall not be registered, or

(c)shall not have his registration extended,

unless he has successfully completed training in accordance with the regulations.

(2)Regulations may make provision in relation to training—

(a)by means of courses provided in accordance with the regulations,

(b)by means of study conducted in accordance with the regulations, and

(c)by any other prescribed means.

(3)Regulations under this section may include provision exempting persons from any requirement imposed by virtue of subsection (1) above; and regulations including such provision may (in particular)—

(a)limit an exemption to persons in prescribed circumstances,

(b)attach conditions to an exemption,

(c)regulate applications for an exemption, and

(d)include provision for the evidencing by a person of his being within an exemption.

(4)Regulations under this section may provide that training is not to be taken into account for the purposes of the regulations if it was completed before such time as is prescribed.

(5)Regulations under this section may, in particular, include—

(a)provision about the nature of training,

(b)provision for the approval by the Secretary of State of persons providing training or giving instruction as part of training and the withdrawal of approval (including provision for appeals to the [F102First-tier Tribunal] against refusal and withdrawal of approval) and provision for exemptions from any requirement of approval,

(c)provision for the training or assessment, or the supervision of training or assessment, of persons providing training or giving instruction as part of training,

(d)provision setting the maximum amount of any charges payable by persons undergoing training,

(e)provision for the evidencing of the successful completion of training, and

(f)provision authorising the Secretary of State to make available information about persons providing training or giving instruction as part of training.

(6)Regulations under this section may include provision for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by the regulations.]

Annotations: Help about Annotation
Close

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)

F101Ss. 132-133ZA and cross-heading substituted (prosp.) for s. 132, 133 and cross-heading by Road Safety Act 2006 (c. 49), ss. 42, 61, Sch. 6 para. 14

F103[F104... Emergency control certificates, etc]E+W+S

Annotations: Help about Annotation
Close

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)

F103Words in s. 133A cross-heading omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 11(7)

F104Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s.3; S.I. 1996/1980, art. 2

[F106133A Assessment of F105... ability to control a motor car in an emergency.E+W+S

(1)This section applies to any person who, by or under any provision of this Part of this Act,—

(a)is authorised to apply to undergo an emergency control assessment, or

(b)is required by the Registrar to submit himself for an emergency control assessment.

(2)An emergency control assessment is an assessment of whether the person being assessed would be able either—

(a)to take control of a motor car of a [F107prescribed class] without any modifications, or

(b)to take control of a motor car of a [F108prescribed class] only with appropriate modifications of such a motor car,

if an emergency arose while he was giving, in such a motor car, instruction in the driving of [F109a] motor car.

(3)Where a person is authorised to apply to undergo an emergency control assessment, for the application to be duly made, it must be made to the Secretary of State and must include—

(a)a declaration by the person making the application, in such form as the Secretary of State may require, stating every relevant disability or prospective disability from which the person is suffering or has at any time (or, if a period is prescribed by regulations, has during that period) suffered; and

(b)such other particulars as the Secretary of State may require.

(4)Where a person is required to submit himself for an emergency control assessment he must furnish to the Secretary of State such particulars as the Secretary of State may require.

[F110(4A)Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State.]

(5)An emergency control assessment—

(a)shall be conducted by a person appointed by the Secretary of State (in this section referred to as “the assessor”); and

(b)shall consist of such practical tests and other means of assessment as the Secretary of State may determine.

(6)On completing an emergency control assessment of a person, the assessor shall grant him an emergency control certificate if he is satisfied either—

(a)that, in the circumstances mentioned in subsection (2) above, that person would be able to take control of a motor car of a [F111prescribed class] without any modifications, or

(b)that, in the circumstances mentioned in subsection (2) above, that person would be able to take control of a motor car of a [F112prescribed class] only with appropriate modifications of such a motor car;

but if the assessor is not so satisfied, he shall refuse to grant a certificate to that person.

(7)An emergency control certificate granted to any person—

(a)shall specify the class of motor car F113... in relation to which the assessor is satisfied as mentioned in subsection (6)(a) or (b) above, specifying, in a case falling within paragraph (b) the modifications that are appropriate; and

(b)may include a recommendation that that person should undergo a further emergency control assessment after the end of such period as is specified in the certificate;

and shall otherwise be in such form as the Secretary of State may determine.

(8)Different modifications for different classes of motor car may be specified under subsection (7)(a) above.

(9)The assessor who has assessed any person under this section—

(a)if he grants an emergency control certificate, shall—

(i)give or send the certificate to that person, and

(ii)send a copy of the certificate to the Registrar; and

(b)if he refuses to grant such a certificate, shall—

(i)give notice in writing to that person of his decision and of the reasons for it, and

(ii)send a copy of the notice to the Registrar.

[F114(10)In this Part, “modifications”, in relation to a motor vehicle, includes equipment.]]

Annotations: Help about Annotation
Close

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)

F105Words in s. 133A heading omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 11(6)

F106Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s. 3; S.I. 1996/1980, art. 2

F107Words in s. 133A(2)(a) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 11(2)(a)

F108Words in s. 133A(2)(b) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 11(2)(b)

F109Word in s. 133A(2) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 11(2)(c)

F111Words in s. 133A(6)(a) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 11(3)(a)

F112Words in s. 133A(6)(b) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 11(3)(b)

F113Words in s. 133A(7)(a) omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 11(4)

F114S. 133A(10) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 11(5)

Modifications etc. (not altering text)

C22S. 133A excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F115133B Further assessments.E+W+S

F116(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person whose name is not on the register but who holds a current emergency control certificate shall, if at any time required to do so by the Registrar, submit himself for a further emergency control assessment on the day (within such period as may be prescribed by regulations) and at the place specified by the Registrar.

[F117(2A)A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if—

(a)he has been required to submit himself for an emergency control assessment under section 125(3C) or as mentioned in section 125ZA(4)(ba),

(b)on completing that assessment, the assessor refused to grant him an emergency control certificate, and

(c)the application for the further assessment is made in such circumstances as may be prescribed.]

F118(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person who—

(a)holds a current emergency control certificate, but

(b)wishes to undergo a further emergency control assessment with a view to establishing his ability to control any class of motor car not specified in his current certificate,

may, with the consent of the Registrar and subject to [F119subsection (5A)], apply to undergo a further assessment; but a person applying to undergo a further assessment under this subsection shall not be required to make the declaration required by section 133A(3)(a) of this Act.

(5)An application made under subsection (4) above for the consent of the Registrar shall be made in such manner and be accompanied by such particulars as the Registrar may require.

[F120(5A)A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of—

(a)the period of six months beginning with the date of his most recent previous assessment, or

(b)such other period as may be prescribed by regulations,

unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar.]

(6)If, as a result of undergoing a further emergency control assessment, a person is granted a fresh emergency control certificate the grant of that certificate shall, with effect from the date on which it is notified as taking effect, revoke the previous certificate.

(7)If, in the case of an emergency control assessment conducted in respect of a person who holds a current emergency control certificate, the assessor is not satisfied as to either of the matters specified in paragraphs (a) and (b) of section 133A(6), he shall revoke the certificate.

(8)Where a person’s emergency control certificate is revoked under subsection (7) above the assessor shall—

(a)serve notice in writing on him specifying—

(i)the grounds for the revocation, and

(ii)the date, not being earlier than the date of service of the notice, on which the revocation is to take effect, and

(b)send a copy of the notice to the Registrar.

(9)In this section “assessor” has the same meaning as in section 133A of this Act.]

Annotations: Help about Annotation
Close

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)

F115Ss. 133A, 133B and cross-heading inserted (9.9.1996) by 1993 c. 31, s. 3; S.I. 1996/1980, art. 2

F116S. 133B(1) omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 12(2)

F117S. 133B(2A) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 12(3)

F118S. 133B(3) omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 12(4)

F119Words in s. 133B(4) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 12(5)

F120S. 133B(5A) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 12(6)

Modifications etc. (not altering text)

C23S. 133B excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F121133C Duty to disclose further disability.E+W+S

(1)This section applies to—

(a)registered disabled instructors, and

(b)persons who hold licences under section 129 of this Act granted by virtue of subsection (2)(b) of that section.

(2)If at any time a person to whom this section applies becomes aware—

(a)that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State under section [F122125A(3)] [F122125(3A)] or 133A(3) or (4) of this Act, or

(b)that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since his current emergency control certificate was granted,

he must forthwith notify the Registrar in writing of the nature and extent of his disability.

(3)Subsection (2) above does not require a person to notify the Registrar if—

(a)the disability is one from which he has not previously suffered, and

(b)he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of three months beginning with the date on which he first becomes aware that he suffers from it.

(4)A person who fails without reasonable excuse to notify the Registrar as required by subsection (2) above is guilty of an offence.]

Annotations: Help about Annotation
Close

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)

F121S. 133C inserted (9.9.1996) by 1993 c. 31, s.4; S.I. 1996/1980, art. 2

F122Word in s. 133C(2)(a) substituted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 13(b)

Modifications etc. (not altering text)

C24S.133C excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F123133DOffences relating to giving F124... of paid driving instruction.E+W+S

(1)This section applies to—

(a)registered disabled instructors, and

(b)persons who hold licences under section 129 of this Act granted by virtue of subsection (2)(b) of that section.

[F125(1A)This section applies to registered instructors who have undergone emergency control assessments in accordance with a requirement imposed under section 125(3C) or as mentioned in section 125ZA(4)(ba).]

(2)No person to whom this section applies shall give paid instruction in the driving of a motor car unless he is the holder of a current emergency control certificate.

(3)No person to whom this section applies shall give, in any unauthorised motor car, paid instruction in the driving of a motor car.

[F126(3A)Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b).]

(4)Where instruction is given in contravention of this section—

(a)the person by whom it is given, and

(b)if that person is employed by another to give that instruction, that other, as well as that person,

is guilty of an offence.

(5)In subsection (3) above “unauthorised motor car”, in relation to any person, means a motor car other than one which falls within the class of motor car specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.]

Annotations: Help about Annotation
Close

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)

F123S. 133D inserted (9.9.1996) by 1993 c. 31, s. 5 ; S.I. 1996/1980, art. 2

F124Words in s. 133D heading omitted (26.3.2015 for specified purposes) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 14(6)

F125S. 133D(1A) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 14(2)

F126S. 133D(3A) inserted (26.3.2015 for specified purposes) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 2 para. 14(4)

Modifications etc. (not altering text)

C25S. 133D excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

General and supplementalE+W+S

134 Power to alter conditions for entry or retention in, and removal from, register and for grant or revocation of licences.E+W+S

Regulations may—

(a)alter or add to the conditions as to which the Registrar is required by this Part of this Act to be satisfied for the entry of a name in the register, the retention of a name in the register, the removal of a name from the register, the grant of a licence and the revocation of a licence, or omit any of those conditions,

(b)alter the period at the expiration of which a person’s name which is entered or retained in the register after the coming into force of the regulation must, unless retained or further retained, be removed from the register.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C26S. 134 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

135 Power to prescribe form of certificate of registration, etc.E+W+S

(1)Regulations may prescribe all or any of the following—

(a)a form of certificate for issue to persons whose names are in the register as evidence of their names’ being in the register,

(b)a form of badge for use by such persons, and

(c)an official title for such use.

(2)If a person whose name is not in the register—

(a)takes or uses a title prescribed under this section, or

(b)wears or displays a badge or certificate so prescribed, or

(c)takes or uses any name, title, addition or description implying that his name is in the register,

he is guilty of an offence unless he proves that he did not know, and had no reasonable cause to believe, that his name was not in the register at the material time.

(3)If a person carrying on business in the provision of instruction in the driving of motor vehicles—

(a)uses a title or description so prescribed in relation to any person employed by him whose name is not in the register, or

(b)issues any advertisement or invitation calculated to mislead with respect to the extent to which persons whose names are in the register are employed by him,

he is guilty of an offence unless he proves that he did not know, and had no reasonable cause to believe, that the name or names in question were not in the register at the material time.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C27S. 135 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

136 Surrender of certificates and licences.E+W+S

Where—

(a)the name of a person to whom a certificate prescribed under section 135 of this Act has been issued is removed from the register in pursuance of this Part of this Act, or

(b)a licence granted under this Part of this Act to a person expires or is revoked,

that person must, if so required by the Registrar by notice in writing, surrender the certificate or licence, as the case may be, to the Registrar within the period of fourteen days beginning with that on which the notice is given and, if he fails to do so, he is guilty of an offence.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C28S. 136 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

137 Production of certificates and licences to constables and authorised persons.E+W+S

(1)A person to whom a certificate prescribed under section 135 of this Act is issued, or to whom a licence under this Part of this Act is granted, must, on being so required by a constable or any person authorised in writing by the Secretary of State in that behalf, produce the certificate or licence for examination.

(2)Where—

(a)the name of a person is removed from the register, or

(b)a licence granted under this Part of this Act to a person expires or is revoked,

then, if that person fails to satisfy an obligation imposed on him by section 136 of this Act, a constable or a person authorised in writing by the Secretary of State in that behalf may require him to produce any such certificate issued to him or the licence, and upon its being produced may seize it and deliver it to the Registrar.

(3)A person who is required under subsection (1) or (2) above to produce a document and fails to do so is, subject to subsection (4) below, guilty of an offence.

(4)In proceedings against any person for an offence under subsection (3) above, it shall be a defence for him to show that—

(a)within seven days beginning with the day following that on which the production of the document was so required, it was produced—

(i)where the requirement was made by a constable, at a police station specified at the time the production was required by the person required to produce the document,

(ii)where the requirement was made by a person other than a constable, at a place specified at that time by that person, or

(b)the document was produced at that police station or, as the case may be, place as soon as was reasonably practicable, or

(c)it was not reasonably practicable for it to be produced at that police station or, as the case may be, place before the day on which the proceedings were commenced,

and for the purposes of this subsection the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C29S. 137 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

138 Offences by corporations.E+W+S

Where a body corporate is guilty of an offence under this Part of this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C30S. 138 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

139 Service of notices.E+W+S

(1)A notice authorised or required to be given by this Part of this Act to a person may be given by delivering it to him, or by leaving it at his proper address, or by sending it to him by post.

(2)For the purposes of this section and of section 7 of the Interpretation Act 1978 M6 in its application to this section, the proper address of a person shall be, in the case of a person whose name is included in the register, his address on the register, and in any other case, his usual or last known address.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C32S. 139 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

140 Receipts.E+W+S

Any sums received on account of fees payable by virtue of any provision of this Part of this Act shall be paid into the Consolidated Fund.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C34S. 140 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

141 Regulations.E+W+S

[F127(1)] The Secretary of State may make regulations for any purpose for which provision is by this Part of this Act authorised to be made by regulations [F128and for prescribing anything which may be prescribed under this Part of this Act] , and in this Part of this Act “regulations” means regulations made under this section.

[F129(2)Regulations under this section—

(a)may be expressed to apply generally or only in particular circumstances,

(b)may make different provision in relation to different cases or other circumstances or otherwise for different purposes, and

(c)may make incidental, supplementary, consequential or transitional provision or savings.]

Annotations: Help about Annotation
Close

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.

Subordinate Legislation Made

P1S. 141: s. 125(3)(with ss. 127(2), 132(1)(a)(2)(b), 134 and 141) power exercised by S.I.1991/1129

P2S. 141: power previously exercised by S.I. 1989/1373, 1989/2057, 1990/1113.

Amendments (Textual)

F127S. 141(1): s. 141 renumbered as s. 141(1) (21.5.2012) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 6 para. 24(1); S.I. 2012/1357, art. 2(c)

Modifications etc. (not altering text)

C35S. 141 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

[F130141A Meaning of “motor car".E+W+S

(1)Notwithstanding section 185(1) of this Act, in this Part of this Act “motor car" means a motor vehicle (other than an invalid carriage or motor cycle)—

(a)which is not constructed or adapted to carry more than nine persons inclusive of the driver, and

(b)which has a maximum gross weight not exceeding 3.5 tonnes.

(2)In subsection (1) above “maximum gross weight" has the same meaning as in Part III of this Act.]

Annotations: Help about Annotation
Close

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)

F130S. 141A inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2 Sch. 1 para. 29

Modifications etc. (not altering text)

C36S. 141A excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

142 Index to Part V.E+W+S

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

ExpressionRelevant provision
[F131Appropriate motor carSection 125A(8)]
[F132 [F16EU] licenceF133...Section 125(10)]
Current licenceSection 123(7)
[F131Disability, prospective disability and relevant disabilitySection 125A(8)]
[F131Disabled person’s limited driving licenceSection 125A(8)]
[F131Emergency control assessment and emergency control certificateSection 125A(8)]
[F131Paid instructionSection 123(8)]
[F131Provisional licenceSection 123(8)]
The registerSection 123
[F131Registered disabled instructorSection 125A(8)]
The RegistrarSection 125 (2)
RegulationsSection 141
Annotations: Help about Annotation
Close

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)

F131Entries in table in s. 142 inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 8; S.I. 1996/1980, art. 2

F132Entry in table in s. 142 inserted (1.4.1999) by S.I. 1999/357, reg. 2(5)

Modifications etc. (not altering text)

C37S. 142 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources