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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.

[F1(2A)If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability.

(2B)Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (2A) is guilty of an offence.

(2C)The Registrar may, in the circumstances mentioned in subsection (2D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2).

(2D)Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.]

(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,

[F2(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)[F3an] [F3EU] licence by which he is authorised to drive a motor car in Great Britain F4...,]

(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

[F5(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 F6), 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 M1Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, [F7and]

[F8(da)in the case of an applicant who has been required under subsection (2C) to submit himself for an emergency control assessment, he holds a current emergency control certificate, 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 [F9following conditions—

(a)that, so long as his name is on the register, the person will, if at any time required to do so by the Registrar, submit himself for—

(i)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;

(ii)an emergency control assessment (whether or not the person already holds an emergency control certificate) on the day (within such period as may be prescribed) and at the place specified by the Registrar; and

(b)that, so long as his name is on the register, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the motor car, the person will only give such instruction if he would be able to take control of the motor car if such an emergency arose while he was giving the instruction.]

[F10(5A)The Registrar may impose a requirement as mentioned in subsection (5)(a)(ii) only in the circumstances mentioned in subsection (2D).]

(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.

[F11(7A)A person shall be exempt from the condition mentioned in subsection (3)(da) if—

(a)the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for purposes corresponding to section 133A, and

(b)the person satisfies the Registrar that he holds a current certificate granted under that law which corresponds to an emergency control certificate granted under section 133A.]

(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.

[F12(8A)Subsection (8B) applies if—

(a)a person undergoes an emergency control assessment in accordance with a requirement imposed under subsection (2C) or as mentioned in subsection (5)(a)(ii),

(b)the assessor refuses to grant the applicant an emergency control certificate, and

(c)as a result the person is not registered, or the person's name is removed from the register (as the case may be).

(8B)The person may not make a further application for registration before the end of—

(a)the period of 6 months beginning with the date of the emergency control assessment mentioned in subsection (8A)(a), or

(b)such other period as may be prescribed,

unless the Registrar is satisfied that there is good reason for permitting such an application before the end of that period.]

[F13(9)[F14Subsections (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.]]

[F15(10)In this Part of this Act[F16

  • “Community licence” has the same meaning as in Part 3 of this Act;

  • “disability” means a want of physical ability affecting the driving of motor cars; and

    (a)

    “relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a motor car by him to be a source of danger to the public;

    (b)

    “prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time;

  • “emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A.”]]

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Amendments (Textual)

F2S. 125(3)(b) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(a)

F5S. 125(3)(c)(ii) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(b)

F6See section 108(1), the relevant amendments being by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974).

F9S. 125(5)(a)(b) and words substituted for words (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F13S. 125(9) substituted (9.9.1996) by 1993 c. 31, ss. 6, Sch. para. 3; S.I. 1996/1980, art. 2

F15S. 125(10) inserted (1.4.1999) by S.I. 1999/357, reg. 2(2)(c)

F16Words in s. 125(10) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 17(9); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Modifications etc. (not altering text)

C1S. 125 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

[F17125A Registration of disabled persons.E+W+S

[F18(1)A person who—

(a)suffers from a relevant disability or a prospective disability,

(b)holds a current disabled person’s limited driving licence, and

(c)holds a current emergency control certificate,

may apply to the Registrar for his name to be entered in the register as that of a disabled instructor.

(2)An application under subsection (1) above shall be made in such manner, and shall be accompanied by such particulars, as the Secretary of State may determine.

(3)If, at the time when he makes an application under subsection (1) above, a person is aware—

(a)that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State in making an application for his current emergency control certificate, 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 the granting of his current emergency control certificate,

his application under subsection (1) above must be accompanied by written notification of the nature and extent of his disability.

(4)Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (3) above is guilty of an offence.

(5)Where a person duly applies for the entry of his name in the register as that of a disabled instructor and satisfies the Registrar that the conditions in subsection (6) below are fulfilled in his case, the Registrar must, subject to section 125B(4) of this Act, on payment of such fee, if any, as may be prescribed by regulations, enter the applicant’s name in the register with an indication that he is a disabled person.

(6)The conditions referred to in subsection (5) above are that—

(a)the applicant 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 prescribed by regulations,

(b)the conditions set out in paragraphs (c) and (d) of section 125(3) of this Act are fulfilled, and

(c)apart from the fulfilment of the preceding conditions, he is a fit and proper person to have his name entered in the register as that of a disabled instructor;

and for the purposes of paragraph (b) above, references in paragraphs (c) and (d) of subsection (3) of section 125 of this Act to the making of an application under subsection (2) of that section shall be read as references to the making of an application under subsection (1) above.

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

(8)In this Part of this Act—

  • appropriate motor car” means, subject to section 125B(2) of this Act, a motor car equipped with automatic transmission;

  • disability” means a want of physical ability affecting the driving of motor cars; and

    (i)

    relevant disability”, in relation to a person, means any disability which is prescribed in regulations or any other disability likely to cause the driving of a motor car by him to be a source of danger to the public; and

    (ii)

    prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time;

  • disabled person’s limited driving licence” means a licence of one of the following kinds, that is to say—

    (a)

    a licence to drive a motor car granted under Part III of this Act (not being a provisional licence) which is limited, by virtue of a notice served under section 92(5)(b) of this Act, to an appropriate motor car; F19...

    (b)

    a licence to drive a motor car granted under the law in force in Northern Ireland (not being a licence corresponding to a provisional licence) which is similarly limited by virtue of any corresponding provision of that law; [F20and

    (c)

    [F3an EU] licence authorising the driving of a motor car which is similarly limited by virtue of any corresponding provision of the law under which it was issued F21...;]

  • emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A of this Act;

  • modifications”, in relation to a motor car, includes equipment; and

  • registered disabled instructor” means a person whose name is in the register with an indication that he is disabled;

and any reference, in relation to a person, to the class of motor car covered by his disabled person’s limited driving licence is a reference to the class of motor car specified in the notice served on him under section 92(5)(b) of this Act but disregarding any modifications specified in the notice.]]

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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)

F17S. 125A inserted (9.9.1996) by 1993 c. 31, s. 1; S.I. 1996/1980, art. 2

F19Word “and" in definition of “disabled persons limited driving licence" in s. 125A(8)(a) omitted (1.4.1999) by virtue of 1999/357, reg. 2(3)(a)

F20S. 125A(8)(c) and preceding word “and" inserted (1.4.1999) by S.I. 1999/357, reg. 2(3)(b)

Modifications etc. (not altering text)

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

[F22125BProvisions supplementary to section 125A.E+W+S

[F23(1)A person who fulfils the conditions mentioned in section 125A(1)(a) and (b) of this Act may, for the purpose of obtaining an emergency control certificate, apply to undergo an emergency control assessment.

(2)Regulations may specify modifications of a motor car as modifications which are to be required for a motor car to be an appropriate motor car for the purposes of this Part of this Act or as modifications which are not to be required for a motor car to be an appropriate motor car for those purposes.

(3)If the Secretary of State is satisfied—

(a)that the provision of the law of Northern Ireland required by section 125(7) for the operation of that subsection is made by that law, and

(b)that that law includes satisfactory provision for purposes corresponding to the purposes of section 125A of this Act,

a person who satisfies the Registrar of the matters mentioned in that subsection and that his name is in the register maintained under that law as that of a disabled instructor shall also be exempt from the conditions mentioned in subsection (1)(c) and (6)(a) of section 125A of this Act.

(4)The Registrar may refuse to enter the name of a person in the register under section 125A of this Act as that of a disabled instructor if he is satisfied that that person has at any time refused to comply with a requirement imposed under section 133B(2) of this Act to submit himself for a further emergency control assessment.

(5)The Registrar must, on making a decision on an application under section 125A of this Act, give notice in writing of his decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.

(6)The entry of a person’s name in the register as that of a disabled instructor shall be subject to the condition that, so long as he is a registered disabled instructor, he will, if at any time required to do so by the Registrar—

(a)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; or

(b)submit himself for such test of continued ability and fitness to give instruction in the driving of appropriate motor cars [F24(which may consist of practical and other means of assessment)] as may be prescribed by regulations.

(7)In considering whether to exercise, in respect of any person, his power under subsection (6)(a) above, the Registrar shall have regard to any recommendation included in that person’s current emergency control certificate as to the period after the end of which he should undergo a further emergency control assessment.]]

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Amendments (Textual)

F22S. 125B inserted (9.9.1996) by 1993 c. 31, s. 1; S.I. 1996/1980, art. 2

F24Words in s. 125B(6)(b) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 8; S.I. 2002/658, art. 2(2), Sch. Pt. 2

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.

[F25(4)[F26Where 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.]]

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Amendments (Textual)

F25S. 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)

C6S. 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 [F27relevant] conditions are fulfilled in his case.

(3)[F28[F29Except in the case of a registered disabled instructor,] the relevant conditions are]

(a)that he has not refused to undergo any [F30such test or assessment as is mentioned in section 125(5)(a)(i) or (ii)] 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 M2Road Traffic Offenders Act 1988 for holding or obtaining a licence to drive a motor vehicle granted under Part III of this Act, [F31and]

[F32(da)that, in the case of a person who—

(i)when he applied to be registered, was required under section 125(2C) to submit himself for an emergency control assessment, or

(ii)at any time during the period mentioned in paragraph (a) was required as mentioned in section 125(5)(a)(ii) to submit himself for such an assessment,

he holds a current emergency control certificate, 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.

[F33(3A)[F34In 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.]]

[F35(4)The retention of a person’s name under this section shall be subject—

(a)[F36in the case of its retention by virtue of subsection (3) above,] to the [F37conditions] mentioned in section 125(5) of this Act, [F38and]

(b)[F39in 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.

[F40(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)[F41But 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.

[F42(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.]

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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)

F27Word in s. 127(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(2); S.I. 1996/1980, art. 2

F28Words in s. 127(3) substituted (9.9.1996) by 1993 c. 31, s. Sch. para. 5(3); S.I. 1996/1980, art. 2

F29Words in s. 127(3) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(2)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F30Words in s. 127(3)(a) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F31Word in s. 127(3)(d) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(2)(c); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F33S. 127(3A) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(4); S.I. 1996/1980, art. 2

F34Words in s. 127(3A) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(3); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F35S. 127(4) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(5); S.I. 1996/1980, art. 2

F36Words in s. 127(4)(a) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(4)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F37Word in s. 127(4)(a) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(4)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F38Word in s. 127(4)(a) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(4)(c); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F39S. 127(4)(b) omitted by virtue of (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 20(4)(d); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F40S. 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))

F41Words 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)

C7S. 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 [F43relevant] conditions was fulfilled in his case.

(2)[F44[F45Except in the case of a registered disabled instructor,] the relevant conditions are]

(a)that he held [F46none]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 M3Road 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 [F47test or assessment such as is mentioned in section 125(5)(a)(i) or (ii)] of this Act,

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

[F48(da)that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 125(5)(a)(ii),

(db)that he gave instruction in the driving of a motor car in breach of the condition in section 125(5)(b) (ability to take control of motor car in an emergency),]

(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.

[F49(2A)[F50In 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.

[F51(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)[F52But 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.

[F53(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.]

F54[(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 [F55(5)(a)(i)] 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.]

[F56(9)[F57Where 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.]]

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Amendments (Textual)

F43Word in s. 128(1) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(2); S.I. 1996/1980, art. 2

F44Words in s. 128(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(3); S.I. 1996/1980, art. 2

F45Words in s. 128(2) omitted (8.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 21(2)(a); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F46Word in s. 128(2)(a) substituted (1.4.1999) by S.I. 1999/357, reg. 2(4)

F47Words in s. 128(2)(c) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 21(2)(b); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F49S. 128(2A) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(4); S.I. 1996/1980, art. 2

F51S. 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))

F52Words 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))

F54S. 128(8) inserted by S.I. 1991/1129, art. 2

F55Word in s. 128(8)(b) substituted (8.6.2015) by Deregulation Act 2015 (c. 20), s. 115(2), Sch. 2 para. 21(4); S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

F56S. 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)

C11S. 128 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

Marginal Citations

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