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3. In regulation 23 (persons by whom theory tests may be conducted)—
(a)in paragraph (1)(e) after “passenger-carrying vehicles” insert—
“, 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.”.
(b)in paragraph (9)—
(i)for sub-paragraph (i) in the definition of “eligible candidate” substitute—
“(i)a 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;”.
(ii)for the definition of “eligible person” substitute—
““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;”.
(iii)after “Companies Act 1985” insert—
““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(1).”.
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