- Latest available (Revised)
- Original (As enacted)
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:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Road Traffic (Vehicle Testing) Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
For section 46 of the M1Road Traffic Act 1988 there is substituted—
(1)Regulations under section 45 of this Act may, in particular, make provision as to—
(a)the authorisation of examiners, the nomination and approval of nominated testers, the appointment and approval of inspectors and the designation of councils in accordance with subsection (3) of that section,
(b)the imposition of conditions to be complied with by the persons referred to in paragraph (a) above,
(c)the circumstances in which a person ceases to be an authorised examiner, a nominated tester or an inspector or in which a council ceases to be designated,
(d)the manner in which, conditions under which and apparatus with which examinations are carried out, the maintenance of that apparatus in an efficient state, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out,
(e)the supervision of examinations and of the premises at which examinations are carried out,
(f)the manner in which applications may be made for the examination of vehicles under section 45 of this Act, the manner in which and time within which appeals may be brought under subsection (4) of that section, the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an application or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,
(g)the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates and the conditions which must be satisfied before such certificates and notifications may be issued,
(h)the issue of duplicates or copies of test certificates and the fees to be paid on applications for such duplicates or copies,
(i)the correction of errors in test certificates,
(j)the charges to be paid by authorised examiners or designated councils to the Secretary of State in connection with—
(i)the issue of test certificates or notifications of the refusal of test certificates,
(ii)the issue of duplicates or copies of test certificates, and
(iii)the correction of errors in test certificates,
(k)the keeping by authorised examiners and designated councils of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed, and
(l)the keeping of records by authorised examiners and designated councils and the providing by them of returns and information to the Secretary of State.
(2)The conditions which may be imposed by virtue of subsection (1)(b) above include conditions—
(a)relating to the successful completion of courses of instruction provided under section 45(6A) of this Act, and
(b)requiring the payment of prescribed fees to the Secretary of State in respect of applications for, or the continuation of, the Secretary of State’s authorisation, approval or designation.
(3)The provision which may be made by virtue of subsection (1)(e) above includes provision—
(a)requiring supervision to be provided by individuals who are nominated by authorised examiners or designated councils, in respect of particular premises, and are approved by the Secretary of State (in this subsection referred to as “nominated supervisors”),
(b)as to the imposition of conditions (including conditions described in subsection (2) above) to be complied with by any nominated supervisor, and
(c)as to the circumstances in which a person ceases to be a nominated supervisor.
(4)The provision which may be made by virtue of subsection (1)(j) above includes provision requiring—
(a)the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with the regulations, on account of charges that may become payable, and
(b)where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms;
and for the repayment, in prescribed circumstances, of such payments received by the Secretary of State.
(5)Regulations under section 45 of this Act may provide for the Secretary of State to make available for use by prescribed persons any particulars contained in the records maintained under section 45(6B) of this Act on payment, in prescribed cases, of a fee of such amount as appears to the Secretary of State to be reasonable in the circumstances of the case.
(6)Regulations under section 45 of this Act may also provide for the sale of particulars contained in, or information derived from, those records—
(a)to such persons as the Secretary of State thinks fit, and
(b)for such price and on such other terms, and subject to such restrictions, as he thinks fit;
if those particulars do not (or that information does not) identify the premises at which any examination was carried out or any person concerned with the carrying out of the examination.
(7)Regulations under that section may—
(a)make different provision in relation to different cases or classes of cases, and
(b)contain such incidental, supplemental or transitional provisions or savings as the Secretary of State thinks fit.”
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.
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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: