The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010

Interpretation of Part III

6.  In regulation 22 (interpretation of Part III)—

(a) for the definition of “appointed person” substitute—

““appointed person” means—

(a)

in the case of a safe road use test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a) of regulation 22A; and

(b)

in the case of a theory test, a person appointed by the Secretary of State to conduct such a test under paragraph (1)(a)(ii) or (2)(a) of regulation 23;”;

(b) after the definition of “DSA examiner” insert—

““educational qualification” means—

(a)

a qualification awarded by the Scottish Qualifications Authority(1) pursuant to section 2(1) of the Education (Scotland) Act 1996(2);

(b)

a qualification accredited by the Scottish Qualifications Authority pursuant to section 3(1) of the Education (Scotland) Act 1996;

(c)

a qualification accredited by the Qualifications and Curriculum Authority(3) under section 24(2)(g) or 30(1)(e) of the Education Act 1997(4);

(d)

a qualification accredited by the Welsh Ministers under section 30(1)(e) of the Education Act 1997(5);

(e)

a qualification which has been awarded or authenticated by an awarding body recognised for either of those purposes by the Office of Qualifications and Examinations Regulation(6) (“Ofqual”) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and, where that qualification is subject to the accreditation requirement under section 138 of that Act, which has been accredited by Ofqual under section 139 of that Act; or

(f)

a qualification which has been awarded or authenticated by a person recognised for either of those purposes by the Welsh Ministers under section 30(1)(e) of the Education Act 1997 (as substituted by the 2009 Act)(7) and, where they have determined, under section 30(1)(f) of that Act (as so substituted) that that qualification shall be subject to a requirement of accreditation, which has been accredited by them under section 30(1)(h) of that Act (as so substituted);

“excepted matters” means the matters falling within Schedule 7, Part 2, section B paragraph 2, section C paragraph 3, section D paragraph 2, section E and section F paragraphs 1 and 3;”; and

(c) after the definition of “motor car instructor” insert—

““qualification award certificate” means a certificate which certifies that the person to whom it has been issued has been awarded the Safe Road User Award;

“relevant awarding authority” means a body which awards or authenticates relevant qualifications;

“relevant qualification” means an educational qualification in respect of which a safe road use test must be passed before the qualification can be awarded;

“relevant qualification certificate” means a certificate issued by a relevant awarding authority which certifies that the person to whom it has been issued has been awarded a relevant qualification;

“safe road use test” means an examination the content of which is set out in regulation 40B(ZA1);

“Safe Road User Award” means the qualification of that name which is awarded by the Scottish Qualifications Authority before 1st May 2010;”.

(1)

The Scottish Qualifications Authority was established by the Scottish Qualifications Authority (Establishment) (Scotland) Order 1996 (S.I. 1996/2248 (S.180)).

(2)

1996 c.43

(3)

The Qualifications and Curriculum Authority was established under section 21(1) of the Education Act 1997 (c.44). Section 21 is repealed, from a date to be appointed, by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), Schedule 12, paragraphs 12 and 13 and Schedule 16, Part 4.

(4)

Section 24(2) was amended by the Learning and Skills Act 2000 (c.21), section 103(1) and (2) and by the Education and Skills Act 2008 (c.25) (the “2008 Act”), section 161(1), (2) and (3) and is repealed, from a date to be appointed, by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) (the “2009 Act”), Schedule 12, paragraphs 12 and 13 and Schedule 16, Part 4. Substituted provisions for section 30(1) were inserted by S.I. 2005/3239 (W.244) and the subsection was further amended by the 2008 Act, sections 162(1), (2) and (3). Section 30(1) is further substituted by the 2009 Act, Schedule 12, paragraphs 12 and 15, from a date to be appointed. Functions under section 30(1)(e) of the Education Act 1997 are conferred on the Qualifications and Curriculum Authority by subsection (1C) of that section, as originally inserted by S.I. 2005/3239 (W.244) and then substituted by section 162(1), (2) and (4) of the 2008 Act. Section 30(1C) is omitted, from a date to be appointed, by the 2009 Act, Schedule 12, paragraphs 12 and 15.

(5)

Functions under section 30(1)(e) are conferred on the Welsh Ministers by subsection (1B) of that section as inserted by section 162(1), (2) and (4) of the 2008 Act. Section 30(1B) is omitted, from a date to be appointed, by the 2009 Act, Schedule 12, paragraphs 12 and 15.

(6)

The Office of Qualifications and Examinations Regulation is established under section 127 of the 2009 Act. Section 127 will be brought into force from a date to be appointed under section 269 of the 2009 Act

(7)

Functions under section 30(1) of the Education Act 1997, as substituted by the 2009 Act, are exercisable solely by the Welsh Ministers by virtue of section 30(1B) of that Act, also as substituted by the 2009 Act, Schedule 12, paragraphs 12 and 15.