The Driving Instruction (Compensation Scheme) Regulations 2012

Citation and commencement

1.  These Regulations may be cited as the Driving Instruction (Compensation Scheme) Regulations 2012 and come into force on 13th July 2012.

Interpretation

2.  In these Regulations—

“the Act” means the Road Traffic Act 1988;

“applicant” means a person claiming to be entitled to compensation in accordance with these Regulations, and “application” (where the context allows) is to be construed accordingly;

“determination as to amount” means a decision made by the Secretary of State under regulation 4(4) as to the amount of compensation that is payable to an entitled person;

“determination of entitlement” means a decision made by the Secretary of State under regulation 4(1) and (3) that an applicant is entitled to compensation under these Regulations;

“entitled person” means an applicant in respect of whom—

(a)

a determination of entitlement has been made; or

(b)

the Tribunal has ordered that there is an entitlement to compensation under these Regulations;

“relevant order” means—

(a)

an order made by the Tribunal under section 131A(7) of the Act requiring the Secretary of State to reconsider a decision under regulation 4(1) or a determination as to amount under regulation 4(4); or

(b)

the remission of a matter by the Tribunal under section 131A(8) of the Act;

“suspension” means the suspension by the Registrar of a person’s—

(a)

registration pursuant to section 128(7A) to (7G)(1) of the Act, in connection with the

Registrar giving that person written notice under—

(i)

section 127(5) of the Act that the Registrar is considering refusing that person’s application for the retention of that person’s name in the register; or

(ii)

section 128(4) of the Act that the Registrar is considering removing that person’s name from the register, or

(b)

licence pursuant to section 130(7) to (13)(2) of the Act, in connection with the Registrar giving that person written notice under—

(i)

section 129(7) of the Act that the Registrar is considering refusing that person’s application for a new licence in substitution for a licence current at the date of that application; or

(ii)

section 130(3) of the Act that the Registrar is considering revoking that person’s licence,

and “suspended” is to be construed accordingly;

“suspension period” means the period of time beginning with the date on which the Registrar gives written notice to an applicant under section 128(7B) or 130(8) of the Act of the suspension of that applicant’s registration or licence, and ending on the date on which the suspension was terminated pursuant to section 128(7E) or (as the case may be) section 130(11) of the Act; and

“Tribunal” means the First-tier Tribunal.

Application for compensation

3.  An application must be made in accordance with Schedule 1.

Determination of entitlement and determination as to amount

4.—(1) Where an application is made the Secretary of State must decide if a determination of entitlement and a determination as to amount are to be made.

(2) The procedure set out in Part 1 of Schedule 2 applies—

(a) to the decision under paragraph (1) and the making of any determination of entitlement and determination as to amount; and

(b) unless a relevant order provides otherwise, where the Secretary of State is, pursuant to such an order, reconsidering a decision under paragraph (1) regarding—

(i) an applicant’s entitlement to compensation; or

(ii) a determination as to amount.

(3) A decision that an applicant is entitled to compensation under these Regulations must be made where, on the basis of the information provided by the applicant, and any other relevant information, it appears that the applicant fulfils the following requirements—

(a) the applicant’s registration or licence was suspended by virtue of section 128(7A) to (7G) or (as the case may be) section 130(7) to (13) of the Act;

(b) a circumstance set out in section 128(7E)(c), 128(7E)(e), 130(11)(c), 130(11)(e), 131A(2)(a) or 131A(2)(b) of the Act has been satisfied (including as those sections are applied by virtue of sections 127(9) and 129(9) of the Act); and

(c) as a result of the suspension, the applicant incurred income losses or non-income losses (or both) of the kind specified in Schedule 3.

(4) Where a determination of entitlement has been made a determination as to amount must be calculated in accordance with regulation 6.

Revoking a determination of entitlement or revising a determination as to amount

5.—(1) The Secretary of State may notify an entitled person in writing that the Secretary of State is considering revising a determination as to amount or (as the case may be) revoking a determination of entitlement at any time within six years of the date on which it was made if—

(a) any of the following apply—

(i) the Secretary of State, having further considered the matter, believes that any information supplied in support of an application was inaccurate in any material respect;

(ii) new information, which is relevant and material to an application, becomes available;

(iii) it appears to the Secretary of State that the amount specified in the determination as to amount was specified in error or (as the case may be) the determination of entitlement was made in error; and

(b) the Secretary of State is satisfied that one of the conditions specified in paragraph (2) is satisfied.

(2) The conditions mentioned in paragraph (1)(b) are that—

(a) in relation to a determination as to amount, the amount payable to the applicant is different from the amount specified in the determination as to amount;

(b) in relation to a determination of entitlement, the person in respect of whom the determination of entitlement was made does not fulfil the requirements set out in regulation 4(3).

(3) Where the Secretary of State makes a notification under paragraph (1), Part 2 of Schedule 2 applies.

Calculation of compensation

6.  The amount of compensation which is payable to an entitled person is the sum of the following amounts—

(a) income losses sustained by the entitled person that are of the kind referred to in, and calculated in accordance with, Part 1 of Schedule 3; and

(b) non-income losses sustained by the entitled person that are of the kind referred to in Part 2 of Schedule 3.

Payment of compensation and recovery of any overpayment

7.  Part 3 of Schedule 2 applies in relation to the payment of compensation and the recovery of any overpayment.

Signed by authority of the Secretary of State for Transport

Mike Penning

Parliamentary Under Secretary of State

Department for Transport

18th June 2012