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3. (1) In Part 2 of Schedule 5, paragraph A1 (exceptions to matters)(1) is amended as follows.
(2) In paragraph (2) under the heading “Highways and transport”—
(a)omit “and” after sub-paragraph (a), and
(b)after sub-paragraph (b) insert —
(c)regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle’s construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle.”.
(3) In paragraph (14) under that heading, insert at the end “(apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements)”.
(4) After paragraph (19) under that heading insert—
“In paragraphs (2) and (14) “learner transport arrangements” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by—
(a)public authorities (within the meaning of field 15) exercising functions relating to education or training, or
(b)institutions or other bodies concerned with the provision of education or training.”.
Paragraph A1 was inserted by article 2(9) of the National Assembly for Wales (Exceptions to Matters) Order 2009 (SI 2009/3006). Paragraph (2) under the heading “Highways and transport” was substituted by article 3(3)(b) of the National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (SI 2010/248). Paragraph (19) under the same heading was inserted by article 3(3)(e) of the same order.
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