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The Department of Transport (Fees) (Amendment) Order 2003

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Article 2(2)

SCHEDULE 1PARAGRAPHS TO BE INSERTED INTO TABLE III OF SCHEDULE 1 TO THE DEPARTMENT OF TRANSPORT (FEES) ORDER 1988.

TABLE III–Road Traffic Act 1988

(1)(2)(3)
Fee-Fixing PowerSpecified FunctionsSpecified matters as set out in Schedule 2, which apply.
PART I

1.  Sections 45(6A) and 46(1)(f), (h) and (j), 2(b), (4), (5) and (6)(1)—

(a)powers to make provision for courses of instruction in connection with examinations under section 45 and to charge fees in respect of attendance on such courses; and

(b)powers to make provision in respect of fees and charges in connection with tests of the condition of vehicles under section 45 in respect of—

A.  Public service vehicles;

(i)The functions of the Secretary of State in relation to the testing of public service vehicles under the Road Traffic Act 1988 and the Public Passenger Vehicles Act 1981(2).

Paragraphs 1 to 8

(ii)Any other functions of the Secretary of State in relation to the testing of public service vehicles.

B.  Vehicles other than public service vehicles.

(i)Functions of the Secretary of State in relation to the testing of vehicles to which section 45 applies, other than public service vehicles, under the Road Traffic Act 1988.

Paragraphs 1 to 8

(ii)Any other functions of the Secretary of State in relation to the testing of vehicles, to which section 45 applies, other than public service vehicles, including, without prejudice to the generality of the foregoing:—

(a)inspections of premises, equipment, records, vehicles and testing station testing standards;

(b)training, re-training and checking of the continuing competence of testers and authorised examiners;

(c)enforcement action against testers, inspectors, designated councils and authorised examiners;

(d)the issue of duplicate test certificates;

(e)functions in connection with appeal tests;

(f)provision of services to create or maintain records including electronic data or to transfer information between persons by electronic data transmission or other means;

(g)the installation, modification, servicing, repair or replacement of apparatus or the training, supervision, inspection or monitoring of persons authorised to use such apparatus.’

PART II

7A.  Section 99ZC(3)— power to provide in regulations under section 99ZA (compulsory driver training courses) for the charging of reasonable fees in respect of the exercise of functions conferred or imposed on the Secretary of State.

(i) The functions of the Secretary of State under the regulations.Paragraphs 1 to 8.’

(ii)All the functions of the Secretary of State in relation to driver training.

PART III

12.  Section 132(2)(4)— power to prescribe in regulations fees in respect of the taking of the prescribed parts of—

(i)the qualifying examination, and

(ii)the test of continued ability and fitness.’

(1)

Section 45 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 52 and by the Road Traffic (Vehicle Testing) Act 1999 (c. 12), section 1. Section 46 was substituted by the Road Traffic (Vehicle Testing) Act 1999, section 2.

(2)

1981 c. 14; section 6 was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 54), section 4 and Schedule 3; the Road Traffic Act 1991, Schedule 4, paragraph 14; the Criminal Justice Act 1982 (c. 48), section 38 and 46. Section 10 was amended by the Road Traffic Act 1991, Schedule 4, paragraph 15.

(3)

Section 99ZA to 99ZC were inserted by section 257 of the Transport Act 2000 (c. 38).

(4)

Section 132(2) was amended by the Transport Act 2000, Schedule 29, paragraph 9.

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