The Motor Vehicles (Tests) (Amendment) Regulations 2003

Interpretation

3.—(1) In regulation 3(1)—

(a) after the definition of “the 1981 Act” insert the following definition—

““the 1988 Act” means the Road Traffic Act 1988;”;

(b) for the definition of “designated council”, substitute the following definition—

““designated council” means a council designated by the Secretary of State for the purposes of sections 45 (tests of satisfactory condition of vehicles) and 46 (particular aspects of regulations under section 45) of the 1988 Act;”(1)

(c) for the definition of “examination”, substitute the following definition—

““examination” means an examination of a motor vehicle for the purposes of section 45 of the 1988 Act”;

(d) omit the definition of “traffic area” (and of “office” in relation to a traffic area); and

(e) insert, at the appropriate places, the following definitions—

““communication” includes a communication comprising sounds or images or both and a communication effecting a payment;”;

““electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(a)

by means of a telecommunications system (within the meaning of the Telecommunications Act 1984); or

(b)

by other means but while in an electronic form;”(2);

““inspector” means a person appointed by a designated council for the purposes of sections 45 and 46 of the 1988 Act;”;

““proper officer”, in relation to a designated council in England or Wales, has the meaning given by section 270(3) of the Local Government Act 1972;”(3);

““section 66A examiner” means an examiner appointed under section 66A (appointment of vehicle examiners) of the 1988 Act;”;

““the records” means the records of the results of examinations for the purposes of section 45 of the 1988 Act maintained by the Secretary of State (or caused by him to be maintained); and “the electronic record” means such of those records as is maintained in electronic form;” and

““VOSA” means the Vehicle and Operator Services Agency”.

(2) After paragraph (5), insert the following paragraph—

“(6) References in these Regulations to the making, by electronic communication, of entries in the electronic record include references to causing entries to be made in that record (either by electronic communication or by other means notified by the Secretary of State).”.

(1)

See also section 45(3)(c)(i), substituted by the Road Vehicles (Testing) Act 1999, section 1(1)(b).

(2)

1984 c. 12. See the definition in section 106(1), and section 4(1) and (2).

(3)

1972 c. 70.