Part II

Testing, Marking and Approval of Vehicles

Provision for private-sector plating and testing

Private-sector vehicle testing.
8
1
Subject to the following provisions of this section, the Secretary of State may authorise any person to conduct a business (referred to below in this Part of this Act as a vehicle testing business) which consists of or includes the exercise by any person in the course of that business of any of the functions specified in section 9 of this Act (which are concerned with the testing of goods vehicles and other vehicles and related matters, and are accordingly referred to below in this Part of this Act as the testing and surveillance functions).
2
The Secretary of State may not under subsection (1) above authorise any person who is for the time being either—
a
the holder of a goods vehicle operator’s licence granted under Part V of the Transport Act 1968 or the Goods Vehicles (Licensing Operators) Act 1995; or
b
the holder of a PSV operator’s licence granted under Part II of the 1981 Act;
to carry on a vehicle testing business; and any authorisation granted to any person under that subsection shall cease if that person subsequently becomes the holder of any such licence.
3
Any person authorised under subsection (1) above is referred to below in this Part of this Act as an approved testing authority.
4
The Secretary of State may authorise any individual to exercise all or any of the testing and surveillance functions in the course of a vehicle testing business; and any individual so authorised is referred to below in this Part of this Act as an authorised inspector.
5
The Secretary of State may authorise any individual to act under the direction of an authorised inspector for the purposes of or in connection with the exercise by that inspector in the course of a vehicle testing business of any of the testing and surveillance functions; and any individual so authorised is referred to below in this section as an approved assistant.
6
Any authorisation granted under this section shall be subject to such conditions or limitations in any individual case as the Secretary of State may notify in writing to the person authorised on granting the authorisation or from time to time afterwards.
7
Without prejudice to subsection (6) above—
a
the Secretary of State may by regulations impose conditions to be complied with by approved testing authorities and approved assistants; and
b
regulations made under any enactment relating to any of the testing and surveillance functions may impose conditions to be complied with by authorised inspectors in exercising any of those functions under the regulations.
8
The Secretary of State may not without the consent of the person authorised withdraw any authorisation granted under this section except—
a
for breach of any condition attached to the authorisation (whether under subsection (6) above or by regulations made under or by virtue of subsection (7) above); or
b
in the case of an authorised inspector or approved assistant, for misconduct or incompetence or other reasonable cause.
9
The Secretary of State may not—
a
authorise any person under subsection (1) above to carry on a vehicle testing business; or
b
give to an approved testing authority any notification under subsection (6) above which has the effect of extending the testing and surveillance functions which may be exercised in the course of the business carried on by that authority;
unless a document giving the required notice of his proposal to do so has been laid before and approved by a resolution of each House of Parliament.
10
The notice required by subsection (9) above is—
a
in a case within paragraph (a) of that subsection, a notice indicating that the Secretary of State proposes to authorise the person in question to carry on a vehicle testing business and specifying the testing and surveillance functions within the proposed terms of the authorisation;
b
in a case within paragraph (b) of that subsection, a notice indicating that the Secretary of State proposes to extend the testing and surveillance functions which may be exercised in the course of the business carried on by the approved testing authority in question, and specifying the additional functions.
11
The addition of any new functions to the testing and surveillance functions which may be exercised in the course of a vehicle testing business carried on by an approved testing authority is an extension of those functions for the purposes of this section (notwithstanding that other functions may be excluded from exercise in the course of that business at the same time as the new ones are added).
1968 c. 73.
Words inserted (1.1.1996) by 1995 c. 23, s. 60(1), Sch. 7 para. 8 (with ss. 54, 55); S.I. 1995/2181, art. 2.