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The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016

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Changes over time for: Section 2

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Changes to legislation:

There are currently no known outstanding effects for the The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016, Section 2. Help about Changes to Legislation

Amendment of the Road Traffic Act 1988E+W+S

This section has no associated Explanatory Memorandum

2.—(1) Until the commencement of Schedule 6 to the Road Safety Act 2006(1), Part 5 of the Road Traffic Act 1988 (driving instruction) has effect as if it were amended as follows.

F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 125 (the register of approved instructors)(2)—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)after subsection (3) insert—

“(3A) Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059)—

(a)the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of the State that is the applicant’s home State for the purposes of those regulations, is of corresponding effect to an emergency control certificate, and

(b)subsection (3)(a) does not apply in relation to the applicant.”, and

[F4(fa)after subsection (3A) (as inserted by sub-paragraph (f)), insert—

“(3B) Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023—

(a)the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of one of the specified states set out in Schedule 1 to those Regulations, is of corresponding effect to an emergency control certificate, and

(b)subsection (3)(a) does not apply in relation to the applicant.”]

F5(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(8) In section 131 (appeals)—

(a)before subsection (1), insert—

“(A1) A relevant person who is aggrieved by the failure of the Registrar to notify the person of a decision in relation to an application for entry of the person’s name in the register before the end of the period of four months beginning with the day after the day on which the complete application was submitted, may appeal to the First-tier Tribunal.

(B1) On an appeal under subsection (A1), the First-tier Tribunal may make such order requiring the Registrar to notify the relevant person of a decision in relation to the application as it thinks fit.

(C1) In subsections (A1) and (B1), “relevant person” means a person entitled to give paid instruction in the driving of a motor car by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.”;

(b)in subsection (3), for “the appeal” substitute “an appeal under subsection (1) or (2)”.]

(9) In section 135 (power to prescribe form of certificate of registration etc)—

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for subsection (3) substitute—

“(3) If P uses, in relation to any person employed by P whose name is not in F11... the register,

(a)a title or description prescribed under this section for use by persons whose names are in F12... the register, or

(b)a name, title, addition or description implying that the person’s name is in F12... the Register,

P is guilty of an offence unless P proves that P did not know, and had no reasonable cause to believe, that the person’s name was not in F12... the register at the material time.

F13(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If P issues any advertisement or invitation calculated to mislead with respect to the extent to which persons employed by P are registered under this Part, P is guilty of an offence unless P proves that P did not know, and had no reasonable cause to believe, that the advertisement or invitation was misleading in that respect at the time it was issued.

(6) In this section “P” means a person carrying on business in the provision of instruction in the driving of motor vehicles.”.

Textual Amendments

Commencement Information

I1Reg. 2 in force at 9.12.2016, see reg. 1

(2)

Section 125 was amended by the Deregulation Act 2015 (c.20), Schedule 2, Part 2, paragraphs 16 and 17, and by S.I. 1999/357 and S.I. 2015/583.

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