The Driving Instruction (Compensation Scheme) Regulations 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.

(1)

Section 128 was amended by the insertion of subsections (7A) to (7G) by the Driving Instruction (Suspension and Exemption Powers) Act 2009 (c.17), section 4(1) and Schedule 1, paragraph 1. These subsections apply with modifications by virtue of section 127(9) of the Road Traffic Act 1988 (c.52), as inserted by the Driving Instruction (Suspension and Exemption Powers) Act 2009, section 4(1) and Schedule 1, paragraph 3.

(2)

Section 130 was amended by the insertion of subsections (7) to (13) by the Driving Instruction (Suspension and Exemption Powers) Act 2009 (c.17), section 4(1) and Schedule 1, paragraph 5. These subsections apply with modifications by virtue of section 129(9) of the Road Traffic Act 1988 (c.52), as inserted by the Driving Instruction (Suspension and Exemption Powers) Act 2009, section 4(1) and Schedule 1, paragraph 6.