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The Driving Instruction (Suspension and Exemption Powers) Act 2009 (Commencement No. 1) Order 2012

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Statutory Instruments

2012 No. 1356 (C. 49)

Road Traffic

The Driving Instruction (Suspension and Exemption Powers) Act 2009 (Commencement No. 1) Order 2012

Made

22nd May 2012

The Secretary of State makes the following Order in exercise of the powers conferred by section 7(3) of the Driving Instruction (Suspension and Exemption Powers) Act 2009(1).

Citation and interpretation

1.  This Order may be cited as the Driving Instruction (Suspension and Exemption Powers) Act 2009 (Commencement No. 1) Order 2012.

2.  In this Order, “the Act” means the Driving Instruction (Suspension and Exemption Powers) Act 2009.

Appointed days

3.  The day appointed for the coming into force of the following provisions of the Act, for the purpose only of making regulations under section 131A of the Road Traffic Act 1988(2) (compensation in respect of suspension) is 8th June 2012—

(a)section 4(1) of the Act (transitory amendments to existing regime), insofar as it provides for paragraph 7 of Schedule 1 to the Act to have effect; and

(b)paragraph 7 of Schedule 1 to the Act.

4.  The day appointed for the coming into force of the following provisions of the Act is 6th July 2012—

(a)section 4(1), and paragraph 7 of Schedule 1, insofar as article 3 does not bring those provisions into force; and

(b)paragraphs 1 to 6 of Schedule 1 to the Act.

Signed by authority of the Secretary of State for Transport

Mike Penning

Parliamentary Under Secretary of State

Department for Transport

22nd May 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17) (“the Act”). Those provisions primarily amend the Road Traffic Act 1988 (c. 52) (“the 1988 Act”), and also amend the Road Traffic Offenders Act 1988 (c. 53), in relation to the suspension of driving instructors.

The commenced provisions provide for —

(a)the suspension, in certain circumstances, of registration and licences relating to the provision of driving instruction (section 4(1) of, and paragraphs 1 to 6 of Schedule 1 to, the Act); and

(b)the making of regulations under s131A (compensation in respect of suspension) of the 1988 Act, to make a scheme to pay compensation in connection with suspension (section 4(1) of, and paragraph 7 of Schedule 1 to, the Act).

Article 3 brings into force, on 8th June 2012, section 4(1) of, and paragraph 7 of Schedule 1 to, the Act, for the limited purpose of enabling the Secretary of State to make regulations under section 131A of the 1988 Act.

Article 4 brings into force, on 6th July 2012, section 4(1) of, and Schedule 1 to, the Act, for all remaining purposes.

(2)

1988 c. 52; section 131A was inserted by the Driving Instruction (Suspension and Exemption Powers) Act 2009 (c.17), Schedule 1, paragraph 7.

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