The Transport Act 1980 (Commencement No. 4) Order 1981

7.—(1) In a case where on 1st April 1981 an application for a certificate of fitness has, pursuant to section 129 of the 1960 Act, been made but no certificate has been issued, then—

(a) if the vehicle is one in respect of which a certificate of fitness has previously been issued, the application shall be dealt with as if the repeal of section 129 of the 1960 Act had not occurred, and if a certificate of fitness is issued pursuant to the application the provisions of section 17(2) shall apply to it, and as regards such application the provisions of Parts II and IV of the 1952 Regulations shall apply notwithstanding any revocation thereof, and

(b) if the vehicle is not one in respect of which a certificate of fitness has previously been issued, the application shall be dealt with as if it were an application for a certificate of initial fitness.

(2) If an application for a certificate of fitness is dealt with in accordance with paragraph (1)(a) and the applicant is aggrieved by the refusal of a certifying officer to issue such a certificate, the revocation of section 143 of the 1960 Act specified in paragraph 1 of Part IV of the Schedule to this Order, the repeal of provisions in section 13 of, and Schedule 1 to, the Tribunals and Inquiries Act 1971 specified in paragraph 2 of the said Part IV, and the coming into force of sections 28 and 29 shall be deemed not to have occurred.