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Driving Instruction (Suspension and Exemption Powers) Act 2009
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1E+W+SAfter subsection (7) of section 128 of the Road Traffic Act 1988 (c. 52) (as it has effect without the substitution of that section by Schedule 6 to the Road Safety Act 2006 (c. 49)) (removal of names from register) insert—
“(7A)The Registrar may suspend a person's registration if the Registrar—
(a)has given, or is about to give, the person notice under subsection (4),
(b)is considering whether to remove the person's name from the register, or has decided to remove the name but the decision is not yet in effect, and
(c)believes that the person would pose a significant threat to the safety of members of the public if the person's registration were not suspended.
(7B)The Registrar must, on deciding to suspend a person's registration, give written notice of the decision to the person.
(7C)The decision to suspend takes effect on the giving of the notice.
(7D)No notice may be given under subsection (7B) before the notice under subsection (4) is given but the subsection (7B) notice may be included in the subsection (4) notice if the subsection (4) notice is still to be given when the decision to suspend is made.
(7E)A suspension under subsection (7A) is terminated if—
(a)the Registrar decides not to remove the person's name from the register,
(b)the Registrar decides to remove the person's name from the register but the decision has not taken effect and an appeal against the decision is successfully concluded,
(c)the Registrar has not decided whether to remove the person's name from the register and the period of 75 days beginning with the giving of the subsection (4) notice has ended,
(d)the person's name is removed from the register (whether under this section or otherwise), or
(e)the Registrar decides to terminate the suspension.
(7F)The Registrar must give written notice to a person of the fact that the person's suspension is terminated as mentioned in subsection (7E)(a) to (c) or (e).
(7G)For the purposes of this Part of this Act the fact that a person's registration is suspended does not prevent the person's name from being in the register.”
Commencement Information
I1Sch. 1 para. 1 in force at 6.7.2012 by S.I. 2012/1356, art. 4(b)
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