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23.—(1) A theory test other than a test conducted in the circumstances specified in paragraph (2) may be conducted by—
(a)a person appointed in writing by the Secretary of State—
(i)for the purpose of testing a class of persons specified in the instrument of appointment, or
(ii)where no class of persons is specified, for the purpose of testing persons generally;
(b)a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;
(c)a person appointed by a chief officer of police, for the purpose of testing—
(i)members of the police force of which he is the chief officer and persons employed by the police authority for the same police area for the purpose of assisting that force, and,
(ii)members of another police force and persons employed by a police authority for another police area for the purpose of assisting that force;
F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(da)in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]
[F3(da)in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]
[F4(db)in Scotland, a person appointed by any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the purpose of testing employees of any relevant authority;]
(e)an eligible person appointed by a company which—
(i)has been approved by the Secretary of State, and
(ii)is the holder of a PSV operator’s licence,
for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of passenger-carrying vehicles[F5, or
(f)an eligible person appointed by a company which—
(i)has been approved by the Secretary of State, and
(ii)is the holder of a goods vehicle operator’s licence,
for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of goods vehicles.]
(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a theory test shall be conducted by—
(a)a person appointed by the Secretary of State for the purpose;
(b)a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.
(3) No person shall be eligible to appoint any person or class of persons to conduct theory tests under the provisions of [F6sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)] or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that—
(a)proper arrangements will be made by the applicant, for the conduct of tests in accordance with these Regulations; and
(b)proper records of such tests and the results thereof will be kept by him or them,
and has granted his approval in writing, subject to such conditions as he thinks fit to impose.
[F7(3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.]
(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (c) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.
(5) No person or class of persons may be appointed under the provisions of [F8sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)] or under paragraph (2)(b) unless the person making the appointment has appointed a person or class of persons to conduct [F9manoeuvres tests or] practical tests under the provisions of regulation 24(1) and the Secretary of State has approved that appointment.
(6) An appointment made under paragraph (1)(a)(ii) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates and where an appointed person breaks such a condition the Secretary of State may appoint another person to carry out theory tests in substitution for that person notwithstanding that the first appointment has not been revoked.
(7) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.
(8) No person or member of a class of persons appointed by virtue of [F10sub-paragraphs (b), (c), (da), (db), (e) or (f) of paragraph (1)] or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to the appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate’s knowledge and understanding of driving theory relating to the category or sub-category of vehicles in respect of which he is appointed to conduct tests.
(9) In this regulation and regulation 24—
“chief officer of police", “police area" and “police authority" have the meanings given in section 101(1) of the Police Act 1996 F11;
“company" includes a body corporate;
“eligible candidate" means—
[F12a person who is employed as a driver by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;]
a person whom any such company as is mentioned in sub-paragraph (i) proposes to employ as a driver;
[F13“eligible person” means a person employed by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;]
and a company is a sister company of another if either is the holding company of the other or both are wholly-owned subsidiaries of a third within the meaning of section 736 of the Companies Act 1985 F14.
[F15“goods vehicle operator’s licence” means the holder of an operator’s licence within the meaning of section 58(1) of the Goods Vehicles (Licensing of Operators) Act 1995.]
Textual Amendments
F1Reg. 23(1)(d) omitted (1.4.2008) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 3(a)
F2Reg. 23(1)(da) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(2)(b)
F3Reg. 23(1)(da) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(2)(b)
F4Reg. 23(1)(db) inserted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, Sch. 1 para. 24(2)(b); S.S.I. 2005/392, arts. 1, 2
F5Reg. 23(1)(f) and word inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 3(a)
F6Words in reg. 23(3) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 3(b)
F7Reg. 23(3A) inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 5 (with reg. 22)
F8Words in reg. 23(5) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 3(c)
F9Words in reg. 23(5) inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 6 (with reg. 33)
F10Words in reg. 23(8) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 3(b)
F12Words in reg. 23(9) substituted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 3(b)(i)
F13Words in reg. 23(9) substituted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 3(b)(ii)
F15Words in reg. 23(9) inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 3(b)(iii)
[F1623A.—(1) The Secretary of State shall, on request, supply (by electronic or other means) a test set to any person who has appointed another person or class of persons to conduct theory tests under sub-paragraph (b), (c), (da), (db), (e) or (f) of regulation 23(1) or under regulation 23(2)(b).
(2) For each test set supplied under paragraph (1) the Secretary of State may make a charge —
(a)in respect of a test in relation to a motor vehicle in a category of A, B or P, of £18.50; or
(b)in respect of a test in relation to a motor vehicle in a category of C or D –
(i)of £20 for a large vehicle test of driving theory; and
(ii)of £9 for a large vehicle test of hazard perception.
(3) The charge referred to in paragraph (2) is payable by the person who has appointed a person or class of persons to conduct the theory test for which a test set has been supplied.
(4) In this regulation, a “test set” means—
(a)in respect of the test referred to in paragraph (2)(a), a set of theory test questions and film clips, each as described in regulation 40B, for each person taking the test; and
(b)in respect of the test referred to in paragraph (2)(b), a set of theory test questions, in the case of the large vehicle test of driving theory or a set of film clips, in the case of the large vehicle test of hazard perception, the set of questions or clips each being as described in regulation 40B, for each person taking the test.]
Textual Amendments
F16Reg. 23A inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 6 (with reg. 22)
24.—(1) A [F18manoeuvres test, practical test] or unitary test other than a test conducted in the circumstances specified in paragraph (2) [F19or (2A)] may, subject to the following provisions of this regulation, be conducted by—
(a)a person in the public service of the Crown appointed by the Secretary of State;
(b)a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;
[F23(ca)in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]
[F24(ca)in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]
[F25(cb)in Scotland, a person appointed by any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)) for the purpose of testing employees of any relevant authority;]
(d)a person appointed by a chief officer of police, for the purpose of testing—
(i)members of the police force of which he is the chief officer and persons employed by the police authority for the same police area for the purpose of assisting that force, and
(ii)members of another police force and persons employed by a police authority for another police area for the purpose of assisting that force;
F26(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)an eligible person appointed by a company which—
(i)has been approved by the Secretary of State, and
(ii)is the holder of a PSV operator’s licence,
for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of passenger-carrying vehicles [F27, or
(g)an eligible person appointed by a company which—
(i)has been approved by the Secretary of State, and
(ii)is the holder of a goods vehicle operator’s licence,
for the purpose of conducting, in respect of eligible candidates, practical tests in respect of any class of goods vehicles.]
(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a [F28manoeuvres test, practical test] or unitary test shall be conducted by—
(a)a person in the public service of the Crown appointed by the Secretary of State, or
(b)a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.
[F29(2A) [F30A manoeuvres test or] a practical test which is conducted as a disability assessment test shall be conducted by—
(a)a person in the public service of the Crown appointed by the Secretary of State for the purposes of paragraph (1)(a), or
(b)a person appointed by the Secretary of State for the purpose of conducting the test.]
(3) No person shall be eligible to appoint any person or class of persons to conduct [F31manoeuvres tests, practical tests] or unitary tests under the provisions of [F32sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)] or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that—
(a)proper arrangements will be made by the applicant, for the conduct of tests in accordance with these Regulations; and
(b)proper records of such tests and the results thereof will be kept by him or them,
and has granted his approval in writing, subject to such conditions as he thinks fit to impose.
[F33(3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.]
(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (d) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.
(5) No person or member of a class of persons appointed under the provisions of [F34sub-paragraphs (b), (ca), (cb), (d), (f) or (g) of paragraph (1)] or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to his appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate’s ability to drive vehicles of the class in respect of which he is appointed to conduct tests.
(6) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.
[F35(7) Each person who has appointed a person to conduct tests under sub-paragraph (ca), (cb), (d), (f) or (g) of paragraph (1) shall pay an annual charge of £950 during the currency of the appointment to the Secretary of State in accordance with paragraph (8) in respect of each person so appointed.
(8) In the case of an appointment made—
(a)on or after 4 August 2008, the annual charge is payable on the making of the appointment and on each anniversary of the appointment; and
(b)before 4 August 2008, the annual charge is payable on 4 August 2008 and on each anniversary of that date.]
Textual Amendments
F17Word in reg. 24 heading inserted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 7(a) (with reg. 33)
F18Words in reg. 24(1) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 7(b) (with reg. 33)
F19Words in reg. 24(1) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 6(1)(a)
F20Words in reg. 24(1)(c) omitted (W.) (25.10.2005) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(3)(a)
F21Words in reg. 24(1)(c) omitted (E.) (30.12.2004) by virtue of The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(3)(a)
F22Words in reg. 24(1)(c) omitted (S.) (2.8.2005) by virtue of The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, Sch. 1 para. 24(3)(a); S.S.I. 2005/392, arts. 1, 2
F23Reg. 24(1)(ca) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 51(3)(b)
F24Reg. 24(1)(ca) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 51(3)(b)
F25Reg. 24(1)(cb) inserted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, Sch. 1 para. 24(3)(b); S.S.I. 2005/392, arts. 1, 2
F26Reg. 24(1)(e) omitted (1.9.2003) by virtue of The Motor Vehicles (Driving Licences) (Amendment)(No. 4) Regulations 2003 (S.I. 2003/2003), regs. 1(1)(a), 3(3)
F27Reg. 24(1)(g) and preceding word inserted (2.4.2007) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 (S.I. 2007/698), regs. 1(1), 4
F28Words in reg. 24(2) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 7(c) (with reg. 33)
F29Reg. 24(2A) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 6(2)
F30Words in reg. 24(2A) added (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 7(d) (with reg. 33)
F31Words in reg. 24(3) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 7(e) (with reg. 33)
F32Words in reg. 24(3) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 4(a)
F33Reg. 24(3A) inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 7(a) (with reg. 22)
F34Words in reg. 24(5) substituted (1.4.2008) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2008 (S.I. 2008/508), regs. 1, 4(b)
F35Reg. 24(7)(8) inserted (7.7.2008) by The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2008 (S.I. 2008/1435), regs. 1(1), 7(b) (with reg. 22)
25.—(1) The Secretary of State may revoke—
(a)an appointment made under regulation 23(1)(a) or (2)(a) or under regulation 24(1)(a) or (2)(a), or
(b)an approval given under regulation 23(3) or (8) or under regulation 24(3) or (5),
by notice in writing and the authority of the person whose appointment is revoked or whose approval is withdrawn to conduct theory tests or, as the case may be, to appoint other persons to conduct [F36unitary tests, manoeuvres tests, practical tests] or theory tests, shall cease upon the date specified in the notice.
(2) Where a person has his appointment revoked or if an approval given in respect of him under regulation 23(3) or 24(3) is withdrawn, that person shall immediately return to the Secretary of State all forms of pass certificates supplied to him under regulations 47(8) and 48(3) which he still holds.
Textual Amendments
F36Words in reg. 25(1) substituted (30.3.2009) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 (S.I. 2009/788), regs. 1(2), 8 (with reg. 33)