Road Safety Act 2006

Road Traffic Act 1988 (c. 52)

10 For section 128 (removal of names from register) substitute—

“128 Termination of registration by Registrar

(1) The Registrar may terminate a person’s registration in respect of any description of driving instruction if he is satisfied that any relevant prescribed condition has not been complied with in the case of the person—

(a) in a case where his registration has not been extended under section 127 of this Act, at any time since he became registered, or

(b) in a case where his registration has been so extended, at any time since it was last extended.

(2) For the purposes of subsection (1) above “relevant prescribed condition” means—

(a) in the case of a registered disabled instructor, a condition prescribed under section 125A(7) of this Act, and

(b) in any other case, a condition prescribed under section 125ZA(3) of this Act.

(3) The Registrar may also terminate a person’s registration in respect of a description of driving instruction if the person’s registration, or (if the person’s registration has been extended) the last extension of his registration, was made by mistake or procured by fraud.

(4) Before terminating a person’s registration in respect of any description of driving instruction, the Registrar must give him written notice stating that he is considering terminating the registration 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 28 days beginning with the day on which the notice is given, make representations with respect to the proposed termination,

(b) the Registrar must not decide to terminate the registration until after the end of that period, and

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

(6) The Registrar must, on making a decision to terminate a person’s registration in respect of any description of driving instruction, give notice in writing of the decision to the person.

(7) A decision to terminate a person’s registration in respect of any description of driving instruction shall take effect at the end of the period of 14 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) But the Registrar may, when giving notice of his decision to terminate a person’s registration in respect of any description of driving instruction, 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, at the end 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, or

(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.”