[F1Cessations: generalE+W+S
9.—(1) An individual shall cease to be an authorised examiner—
(a)if he dies;
(b)if he is adjudged bankrupt or, in Scotland, has his estate sequestrated;
(c)if he becomes a patient within the meaning of Part VII of the Mental Health Act 1983 or, in Scotland, becomes incapable of managing his own affairs;
(d)if he has not attended a course of instruction under section 45(6A) when required by the Secretary of State to attend such a course;
(e)if he has attended such a course when so required but has failed to complete it successfully; or
(f)if he notifies the Secretary of State that he no longer wishes to be an authorised examiner.
(2) Persons in partnership shall cease to be an authorised examiner—
(a)if the firm is dissolved; or
(b)they notify the Secretary of State that they no longer wish to be an authorised examiner.
(3) A company shall cease to be an authorised examiner if—
(a)in relation to the company—
(i)a winding-up order is made;
(ii)a resolution for voluntary winding-up is passed;
(iii)a receiver or manager of the company’s undertaking is appointed; or
(iv)the taking of possession, by or on behalf of the holders of any debenture secured by a floating charge, or of any property of the company comprised in or subject to the charge, occurs; or
(b)the secretary of the company notifies the Secretary of State that the company no longer wishes to be an authorised examiner.
(4) A council shall cease to be designated if the proper officer notifies the Secretary of State that the council no longer wish to be designated.
(5) An individual shall cease to be a nominated tester—
(a)if the circumstances specified in sub-paragraph (a) of paragraph (1), or in any of sub-paragraphs (c) to (e) of that paragraph, apply in his case;
(b)as regards the carrying out of examinations at a particular vehicle testing station, if his nomination is revoked in relation to that testing station;
(c)if he notifies the Secretary of State that he no longer wishes to be a nominated tester.
(6) A person shall cease to be an inspector—
(a)if the circumstances specified in sub-paragraph (a) of paragraph (1), or in any of sub-paragraphs (c) to (e) of that paragraph, apply in his case;
(b)as regards the carrying out of examinations at a particular vehicle testing station, if his appointment is revoked in relation to that testing station;
(c)if he notifies the Secretary of State that he no longer wishes to be an inspector.
(7) Where an authorised examiner, inspector or nominated tester notifies the Secretary of State that he wishes to cease to be an authorised examiner, inspector or nominated tester (as the case may be) in respect of some only of the vehicle testing stations at which he is approved or authorised to carry out examinations, he shall cease to be an authorised examiner, inspector or nominated tester to that extent.
(8) Where a designated council notifies the Secretary of State that it wishes to cease to be designated in respect of some only of the vehicle testing stations to which its designation relates, the council shall cease to be designated to that extent.
(9) The date on which—
(a)the person to whom a notice given under paragraph (1)(f), (2)(b), (3)(b), (5)(c) or (6)(c) relates shall cease to be an authorised examiner, inspector or nominated tester (as the case may be);
(b)the council to which a notice given under paragraph (4) relates shall cease to be designated;
(c)the person to whom a notice given under paragraph (7) relates shall cease to be an authorised examiner, inspector or nominated tester (as the case may be) to any extent; or
(d)the council to which a notice given under paragraph (8) relates shall cease to be designated to any extent,
shall be the date (if any) specified in the notice; and, if no date is so specified, on such date as the Secretary of State may by notice specify.]
Textual Amendments
F1Pt. 2 (regs. 7, 7A, 8, 8A-8F, 9-11) substituted for Pt. 2 (regs. 7-11) (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 5, Sch. (with regs. 1(3), 25)