Road Traffic Act 1988

Registration E+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,

[F1 (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) a Community licence by which he is authorised to drive a motor car in Great Britain and a counterpart of that licence,]

(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

[F2 (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 F3 ), 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 M1 Road 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, [F4 submit 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.

[F5 (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.]

[F6 (10) In this Part of this Act, “Community licence” and “counterpart", in relation to a Community licence, have the same meanings as in Part III of this Act.]

Annotations:

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)

F1 S. 125(3)(b) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(a)

F2 S. 125(3)(c)(ii) substituted (1.4.1999) by S.I. 1999/357, reg. 2(2)(b)

F3 See section 108(1), the relevant amendments being by the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974).

F4 Words 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

F5 S. 125(9) substituted (9.9.1996) by 1993 c. 31, ss. 6, Sch. para. 3; S.I. 1996/1980, art. 2

F6 S. 125(10) inserted (1.4.1999) by S.I. 1999/357, reg. 2(2)(c)

Modifications etc. (not altering text)

C1 S. 125 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

C2 S. 125 modified (10.8.2005) by The Motor Cars (Driving Instruction) Regulations 2005 (S.I. 2005/1902), reg. 9

C3 S. 125(3)(d) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(2)

Marginal Citations

M1 1988 c. 53.

Prospective

[F7 125ZA Conditions of registration E+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, and

(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.

(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,

(c) conditions within subsection (2)(b) and (c) above, 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:

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)

F7 S. 125ZA inserted (prosp.) by Road Safety Act 2006 (c. 49), ss. 42, 61, Sch. 6 para. 5

[F8 125A Registration of disabled persons. E+W+S

(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; F9 . . .

  (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; [F10 and

(c) a Community 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 and a counterpart of that licence;]

• “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.]

Annotations:

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)

F8 S. 125A inserted (9.9.1996) by 1993 c. 31, s. 1; S.I. 1996/1980, art. 2

F9 Word “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)

F10 S. 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)

C4 S. 125A excluded (23.6.1999) by S.I. 1999/1736, art. 8(2)(b)

C5 S. 125A modified (10.8.2005) by The Motor Cars (Driving Instruction) Regulations 2005 (S.I. 2005/1902), reg. 9

F11 125B Provisions supplementary to section 125A. E+W+S

(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 [F12 (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.

Annotations:

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)

F11 S. 125B inserted (9.9.1996) by 1993 c. 31, s. 1; S.I. 1996/1980, art. 2

F12 Words 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.

[F13 (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:

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)

F13 S. 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)

C6 S. 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 [F14 relevant] conditions are fulfilled in his case.

(3) [F15 Except 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 M2 Road 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.

[F16 (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.]

[F17 (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.

[F18 (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) [F19 But 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.

Annotations:

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)

F14 Word in s. 127(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(2); S.I. 1996/1980, art. 2

F15 Words in s. 127(3) substituted (9.9.1996) by 1993 c. 31, s. Sch. para. 5(3); S.I. 1996/1980, art. 2

F16 S. 127(3A) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(4); S.I. 1996/1980, art. 2

F17 S. 127(4) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 5(5); S.I. 1996/1980, art. 2

F18 S. 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))

F19 Words 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)

C7 S. 127 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

C8 S. 127(3) modified (1.1.2007) by The Motor Cars (Driving Instruction) Regulations 2005 (S.I. 2005/1902), reg. 11

C9 S. 127(3)(d) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(2)

C10 S. 127(3A) modified (1.1.2007) by The Motor Cars (Driving Instruction) Regulations 2005 (S.I. 2005/1902), reg. 11

Marginal Citations

M2 1988 c. 53.

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 [F20 relevant] conditions was fulfilled in his case.

(2) [F21 Except in the case of a registered disabled instructor, the relevant conditions are]—

(a) that he held [F22 none]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 M3 Road 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.

[F23 (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.

[F24 (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) [F25 But 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.

[F26 (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.]

[F27 (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:

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)

F20 Word in s. 128(1) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(2); S.I. 1996/1980, art. 2

F21 Words in s. 128(2) substituted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(3); S.I. 1996/1980, art. 2

F22 Word in s. 128(2)(a) substituted (1.4.1999) by S.I. 1999/357, reg. 2(4)

F23 S. 128(2A) inserted (9.9.1996) by 1993 c. 31, s. 6, Sch. para. 6(4); S.I. 1996/1980, art. 2

F24 S. 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))

F25 Words 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))

F26 S. 128(8) inserted by S.I. 1991/1129, art. 2

F27 S. 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)

C11 S. 128 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

C12 S. 128(2) modified (1.1.2007) by The Motor Cars (Driving Instruction) Regulations 2005 (S.I. 2005/1902), reg. 10

C13 S. 128(2)(b) extended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 5, Sch. 4 para. 7(2)

C14 S. 128(2A) modified (1.1.2007) by The Motor Cars (Driving Instruction) Regulations 2005 (S.I. 2005/1902), reg. 10

Marginal Citations

M3 1988 c. 53.

Prospective

[F28 128ZA Suspension of registration by Registrar E+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:

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)

F28 S. 128ZA inserted (prosp.) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), ss. 1(1), 7(3)

Prospective

[F29 128ZB Compensation in respect of suspension E+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:

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)

F29 S. 128ZB inserted (prosp.) by Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17), ss. 2, 7(3)

Prospective

[F30 128A Power to give direction as to further applications E+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:

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)

F30 S. 128A inserted (prosp.) by Road Safety Act 2006 (c. 49), ss. 42, 61, Sch. 6 para. 11