2 Provisions supplementary to s. 1. E+W+S

(1) Subject to any exemption granted under subsection (2) of this section, a prohibition under section 1 of this Act shall come into force as soon as notice of it has been given in accordance with subsection (5) of that section, and shall continue in force until it is removed under the following provisions of this section (or, in the case of a prohibition imposed only for a specified period, shall continue in force until either it is removed under this section or that period expires, whichever first occurs).

(2) Where notice of a prohibition has been given under subsection (5) of section 1 of this Act in respect of a vehicle, an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purpose as may be specified in the exemption may be granted—

(a) in the case of a prohibition under subsection (2) of that section, by any examiner [F1 or authorised inspector], or

(b) in the case of a prohibition under subsection (3) of that section, by any authorised person.

(3) A prohibition under subsection (2) of section 1 of this Act may be removed by any examiner [F1 or authorised inspector], and a prohibition under subsection (3) of that section may be removed by any authorised person, if he is satisfied that appropriate action has been taken to remove or remedy the circumstances (as mentioned in paragraph (a) or paragraph (b) of either of those subsections) in consequence of which the prohibition was imposed; and on doing so the examiner [F1 or authorised inspector]or authorised person shall forthwith give notice in writing of the removal of the prohibition to the driver of the vehicle.

[F2 (3A) If the prohibition under section 1 of this Act has been imposed with a direction under subsection (6)(a) of that section, the prohibition shall not then be removed under subsection (3) above unless and until the vehicle has been inspected at an official testing station.

(3B) In the case of vehicles brought to an official testing station for inspection with a view to removal of a prohibition, section [F3 72A] of the Road Traffic Act 1988 (fees for inspection) applies.]

(4) In the exercise of his functions under section 1 of this Act or under this section an examiner [F4 or an authorised inspector] shall act in accordance with any general directions given by the Secretary of State; and (without prejudice to the preceding provisions of this subsection) an examiner [F4 or an authorised inspector], in exercising his functions under subsection (2) of this section, shall act in accordance with any directions given by the Secretary of State with respect to the exercise of those functions in any particular case.

Textual Amendments

F1 Words inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(4)(b), 76(2)

F2 S. 2(3A)(3B) added by Transport Act 1978 (c. 55, SIF 126), s. 9(1), Sch. 3 para. 9

F3 Words in s. 2(3B) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para.7; S.I. 1992/1286, art.2,Sch.

F4 Words inserted (prosp.) by Transport Act 1982 (c. 49, SIF 58, 107:1, 126), ss. 10(4)(a), 76(2)