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STATUTORY INSTRUMENTS
1991No. 811
FEES AND CHARGES
The Department of Transport (Fees) (Amendment) Order 1991
Approved by the House of Commons
Made
22nd March 1991
Coming into force
1st April 1991
Whereas a draft of this Order has been approved by a resolution of
the House of Commons in pursuance of section 102(5) of the Finance (No.
2) Act 1987[1]
;
Now, therefore, the Secretary of State for Transport, in exercise of
the powers conferred by section 102 of that Act, hereby makes the
following Order:—
1. This Order may be cited as the Department of Transport (Fees)
(Amendment) Order 1991 and shall come into force on 1st April 1991.
2. Schedule 1 to the Department of Transport (Fees) Order 1988[2]
shall be amended—
(a) in Table III, by the deletion of paragraphs 4, 5, 6, 7 and 8 in
column (1) and the entries in relation thereto in columns (2) and (3);
(b) in Table V, by the deletion of paragraphs 2.B and C in column (1)
and the entries in relation thereto in columns (2) and (3); and
(c) by the insertion after Table V of the following table:—
"1. Section 89(4)(b) — power to prescribe in regulations the
fee for a test of competence to drive a motor vehicle (other than, in
the case of Part I of the two-part motor cycle test, a motor cycle) to
be paid by a person who submits himself for such a test, or applies for
an appointment for such a test, in respect of—
A. Motor vehicles other than, in the case of Part I of the two-part
motor cycle test, motor cycles;
The functions of the Secretary of State in relation to tests of
competence to drive a motor vehicle (other than, in the case of Part I
of the two-part motor cycle test, a motor cycle) under Part III of the
Road Traffic Act 1988.
Paragraphs 1 to 7.
B. Motor cycles — Part I of the two-part test.
The functions of the Secretary of State in relation to Part I of the
two-part motor cycle test under Part III of the Road Traffic Act 1988,
excluding those functions listed below against the next succeeding entry
in this table.
Paragraphs 1 to 7 and 9.
2. Section 89(5)(b) — power to prescribe in regulations the
charges for the supply of forms for certificates evidencing the results
of tests of competence to drive which consist of separate parts.
(i) The functions of the Secretary of State in relation to training
bodies appointed to conduct Part I of the two-part motor cycle test
under Part III of the Road Traffic Act 1988.
(ii) All other functions of the Secretary of State in relation to training bodies appointed to conduct Part I of the two-part motor cycle test including, without prejudice to the generality of the foregoing, the supervision of
standards of appointed training bodies.
Paragraphs 1 to 7.
3. Section 97(1) — power to prescribe in regulations the fee
in respect of the grant of a driving licence.
(i) The functions of the Secretary of State in relation to driver
licensing under Parts III and IV of the Road Traffic Act 1988 and
Schedule 1 to the Road Traffic (Driver Licensing and Information
Systems) Act 1989[4]
and the functions of the traffic commissioners under the
said Part IV and Schedule 1.
(ii) The functions of the Secretary of State
in relation to anything done by the European Communities or any of their
institutions with respect to the minimum ages for driving, recognition
of driving licences and tests and exchange of licences.
(iii) All other functions of the Secretary of State in relation to driver licensing including, without prejudice to the generality of the foregoing—
(a) carrying out enforcement work related to keeping records of endorsements and disqualifications and ensuring recovery of erroneous or revoked licences;
(b) carrying out medical enquiries into the fitness of licence holders to drive following notifications which indicate that licence holders may have a medical condition requiring investigation;
(c) work in connection with the investigation and prosecution of offences and enforcement action.
Paragraphs 1 to 8.
4. Section 97(3A)(e) — power to prescribe in regulations the
charges in connection with the supply of forms for certificates
evidencing the successful completion of a course of training in the
driving of motor bicycles.
(i) The functions of the Secretary of State under the regulations.
(ii) All other functions of the Secretary of State in relation to
approved training courses for motor cyclists.
Paragraphs 1 to 7.
Signed by authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State, Department of Transport
This Order amends the Department of Transport (Fees) Order 1988. It
removes references to powers to fix fees (within the meaning of section
102 of the Finance (No. 2) Act 1987) which are redundant as a
consequence of the coming into force on 1st April 1991 of sections 1(1)
and 2(1) of the Road Traffic (Driver Licensing and Information Systems)
Act 1989 (c. 22), that is paragraphs 7 and 8 in Table III and paragraphs
2.B and C in Table V in Schedule 1 to the 1988 Order. Those provisions
of the 1989 Act replace the provision in Part IV of the Road Traffic Act1988 (c. 52)
and section 22 of the Public Passenger Vehicles Act 1981
(c.14) for the separate licensing and testing of drivers of heavy goods
vehicles and public service vehicles with provision for the licensing
and testing of drivers of large goods and passenger-carrying vehicles
under Part III of the 1988 Act as supplemented by new Part IV of that
Act. The Order also makes drafting modifications to take account of
these changes in driver licensing requirements.
Paragraph 4 of the new Table VI, inserted by Article 2(c) of the
Order, makes new provision in respect of the power to prescribe charges
in connection with the supply of forms for certificates of successful
completion of a course of training in the driving of motor bicycles.
[3] 1988 c. 52; sections 89 and 97 were amended by sections 6
and 7 of, and paragraphs 8, 9 and 10 of Schedule 3 to, the Road Traffic
(Driver Licensing and Information Systems) Act 1989 (c. 22). back