Office of Public Sector Information

(4) Regulations under this section may provide that training is not to be taken into account for the purposes of the regulations if it was completed before such time as is prescribed.

(5) Regulations under this section may, in particular, include—

(a) provision about the nature of training,

(b) provision for the approval by the Secretary of State of persons providing training or giving instruction as part of training and the withdrawal of approval (including provision for appeals to the Transport Tribunal against refusal and withdrawal of approval) and provision for exemptions from any requirement of approval,

(c) provision for the training or assessment, or the supervision of training or assessment, of persons providing training or giving instruction as part of training,

(d) provision setting the maximum amount of any charges payable by persons undergoing training,

(e) provision for the evidencing of the successful completion of training, and

(f) provision authorising the Secretary of State to make available information about persons providing training or giving instruction as part of training.

(6) Regulations under this section may include provision for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by the regulations.”

15 In section 133A (assessment of disabled person’s ability to control a motor car in an emergency), for “car” in each place (including in the heading) substitute “vehicle”.

16 (1) Section 133B (further assessments) is amended as follows.

(2) In subsection (1), for “125B(6)(a)” substitute “125A(7A)(c)”.

(3) In subsection (2), for “whose name is not on the register” substitute “who is not registered”.

(4) In subsection (4)(b), for “car” substitute “vehicle”.

17 (1) Section 133C (duty to disclose further disability) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), for “person to whom this section applies” substitute “registered disabled instructor”.

18 (1) Section 133D (offences relating to giving by disabled person of paid driving instruction) is amended as follows.

(2) Omit subsection (1).

(3) For “car” in each place substitute “vehicle”.

(4) In subsections (2) and (3), for “person to whom this section applies” substitute “registered disabled instructor”.

(5) For subsection (4) substitute—

“(4) Where a registered disabled instructor gives instruction in contravention of this section—

(a) the instructor,

(b) if the instructor is employed by another person to give that instruction, that other person (as well as the instructor), and

(c) if the instructor is a franchisee under a driving instruction franchise, the franchisor (as well as the instructor),

is guilty of an offence.”

19 For section 134 (power to alter conditions for entry or retention in, and removal from, register etc.) substitute—

“134 Power to alter registration period

(1) Regulations may alter—

(a) the period at the end of which a person’s registration is terminated (unless extended or further extended),

(b) the period for which a person’s registration may be extended or further extended, and

(c) the period before the end of which it may be directed that any application by a person to be registered shall not be entertained.

(2) Regulations under this section may contain amendments of this Part of this Act.”

20 For section 135 substitute—

“135 Evidence of registration

(1) Regulations may prescribe—

(a) certificates or other items that may be issued to registered persons to be displayed as evidence of their registration, and

(b) a title or other description which may be used as such evidence.

(2) If at any time a person who is not registered—

(a) displays a certificate or other item prescribed under subsection (1)(a) above,

(b) uses a title or other description prescribed under subsection (1)(b) above, or

(c) uses a title or other description implying that he is registered,

he is guilty of a offence unless he proves that he did not know, and did not have reasonable cause to believe, that he was not registered at that time.

(3) If a person carrying on business in the provision of driving instruction at any time—

(a) uses a title or other description prescribed under subsection (1)(b) above in relation to any relevant person who is not appropriately registered, or

(b) issues any advertisement or invitation calculated to mislead with respect to the extent to which relevant persons are appropriately registered,

he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that the relevant person was, or relevant persons were, not appropriately registered at that time.

(4) For the purposes of subsection (3) above—

(a) a relevant person is a person who is employed by the person carrying on business to give driving instruction, or is a franchisee giving driving instruction under a driving instruction franchise under which that person is the franchisor, and

(b) a relevant person is appropriately registered if he is registered in respect of the giving of the description of driving instruction which he is employed to give or which is given by him under the driving instruction franchise.”

21 In section 136 (surrender of certificates)—

(a) for paragraphs (a) and (b) substitute “the registration of a person to whom a certificate or other item prescribed under section 135(1)(a) of this Act has been issued is terminated,”,

(b) for “licence, as the case may be,” substitute “other item”, and

(c) in the heading for “and licences” substitute “etc.”.

22 (1) Section 137 (production of certificates to constables and authorised persons) is amended as follows.

(2) In subsection (1)—

(a) after “a certificate” insert “or other item”,

(b) omit “, or to whom a licence under this Part of this Act is granted,”, and

(c) for “or licence” substitute “or other item”.

(3) In subsection (2), for the words before “constable” substitute

“Where—

(a) a person’s registration is terminated, and

(b) he fails to satisfy an obligation imposed on him by section 136 of this Act,

a”.

(4) In that subsection, for “issued to him or the licence” substitute “or other item issued to him”.

(5) In subsection (3), for “document” substitute “certificate or other item”.

(6) In subsection (4), for “document”, in each place, substitute “certificate or other item”.

(7) In the heading for “and licences” substitute “etc.”.

23 (1) Section 140 (receipts) is to be renumbered as subsection (3) of that section.

(2) Before that subsection insert—

“(1) Regulations may make provision for the payment of such fees (if any) as may be prescribed in connection with registration or extension of registration.

(2) Regulations may make provision for the repayment (in whole or in part) of any fee payable by virtue of any provision of this Part of this Act in such circumstances as may be prescribed.”

(3) For the heading substitute “Fees”.

24 (1) Section 141 (regulations) is to be renumbered as subsection (1) of that section.

(2) In that subsection, after “by regulations” insert “and for prescribing anything which may be prescribed under this Part of this Act”.

(3) After that subsection insert—

“(2) Regulations under this section—

(a) may be expressed to apply generally or only in particular circumstances,

(b) may make different provision in relation to different cases or other circumstances or otherwise for different purposes, and

(c) may make incidental, supplementary, consequential or transitional provision or savings.”

25 For section 141A (meaning of “motor car”) substitute—

“141A Interpretation of Part 5

(1) For the purposes of this Part of this Act persons may carry on business in the provision of driving instruction in any way, including in particular—

(a) by giving instruction themselves,

(b) by arranging for the giving of driving instruction by their employees, or

(c) by arranging for the giving of driving instruction by persons who are franchisees under driving instruction franchises under which they are the franchisor.

(2) In this Part of this Act “driving instruction franchise” means an agreement under which one party (the “franchisor”) grants to another party (a “franchisee”) rights consisting of or including the right to use a particular trading name, style or design in the carrying on of business in the giving of driving instruction.

(3) In this Part of this Act references to “the franchisor” and “a franchisee”, in relation to a driving instruction franchise, shall be construed accordingly.

(4) In this Part of this Act “current”, in relation to a licence or certificate, means one which has not expired and has not been cancelled, revoked or suspended.

(5) In this Part of this Act—

(a) “Community licence” and “counterpart”, in relation to a Community licence, and

(b) “provisional licence”,

have the same meanings as in Part 3 of this Act.”

26 For section 142 substitute—

“142 Index to Part 5

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part of this Act listed in the right-hand column in relation to those expressions.

27 In section 173(2) (forgery of documents etc.), for paragraph (g) substitute—

“(g) any document evidencing the passing of an examination (or part of an examination) required by regulations under section 132 of this Act or the successful completion of training provided in accordance with regulations under section 133ZA of this Act,

(ga) any certificate under section 133A of this Act,

(gb) any certificate or other item prescribed under section 135(1)(a) of this Act,”.

28 In section 174(1) (false statements), after paragraph (d) insert—

“(da) of obtaining a document evidencing the passing of an examination (or part of an examination) required by regulations under section 132 of this Act or the successful completion of training provided in accordance with regulations under section 133ZA of this Act, or”.

29 In section 183 (application to Crown), after subsection (6) insert—

“(6A) The Secretary of State may by regulations provide that Part 5 of this Act is to apply in relation to persons in the public service of the Crown but subject to any prescribed omissions, additions or other modifications.”

30 In section 195(2) (duty to consult before making regulations under any provision other than section 8(3) and Part 5), omit “or Part 5”.

Road Traffic Offenders Act 1988 (c. 53)

31 The Road Traffic Offenders Act 1988 is amended as follows.

32 (1) Section 18 (evidence by certificate as to registration of driving instructors and licences to give instruction) is amended as follows.

(2) In subsection (1), for paragraphs (a) to (d) substitute—

“(a) a person was, or was not, registered,

(b) a person became registered or a person’s registration was terminated, or

(c) a person was, or was not, exempt from the prohibitions imposed by section 123 of the Road Traffic Act 1988 (requirement of registration) by virtue of provision made by regulations under section 124 of that Act,”.

(3) In subsection (3), for the words from ““current” to ““register”” substitute ““Registrar”, “registered” and “registration””.

(4) In the heading, for “of driving instructors and licences to give instruction” substitute “etc. of driving instructors etc.”.

33 (1) Part 1 of Schedule 2 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.

(2) In the entry relating to section 123(4) of the Road Traffic Act 1988 (c. 52)—

(a) in column 1, for “123(4)” substitute “123A(1) and (2)”, and

(b) in column 2, for “by unregistered and unlicensed persons or their employers” substitute “, and carrying on of business in provision of driving instruction, by unregistered persons”.

(3) In the entry relating to section 123(6) of that Act—

(a) in column 1, for “123(6)” substitute “123A(4)”, and

(b) in column 2, for “without there being exhibited on the motor car a certificate of registration or a licence under RTA Part 5” substitute “, and carrying on of business in provision of driving instruction, without prescribed requirements relating to displaying of evidence of registration under RTA Part 5 being complied with”.

(4) In the entry relating to section 133C(4) of that Act, in column 2, omit “or licensed”.

(5) In the entry relating to section 133D of that Act, in column 2, omit “or their employers”.

(6) In the entry relating to section 135 of that Act, for the words in column 2 substitute “Misuse of evidence of registration etc.”.

(7) In the entries relating to sections 136 and 137 of that Act, in column 2, for “or licence” substitute “etc.”.