(1)On the application of a person who has submitted himself for a test of competence to drive—
(a)a magistrates' court acting for the petty sessions area in which he resides, or
(b)in Scotland, the sheriff within whose jurisdiction he resides,
may determine whether the test was properly conducted in accordance with the regulations.
(2)The court or, as the case may be, sheriff may, if it appears that the test was not so conducted—
(a)order that the applicant shall be eligible to submit himself for another test before the expiration of the period specified for the purposes of section 117 (2)(k) of this Act, and
(b)order that any fee payable by the applicant in respect of the test shall not be paid or, if it has been paid, shall be repaid.