Road Traffic Act 1988

46 Particular aspects of regulations under section 45. E+W+S

Regulations under section 45 of this Act may, in particular, make provision as to—

(a) the authorisation of examiners [F1 in accordance with subsection (3)(a) of that section], the imposition of conditions to be complied with by authorised examiners and the withdrawal of authorisations,

(b) the manner in which, conditions under which and apparatus with which examinations are carried out, the maintenance of that apparatus in an efficient state, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out,

(c) the manner in which applications may be made for the examination of vehicles under section 45 of this Act, the manner in which and time within which appeals may be brought under subsection (4) of that section, the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an applicationor appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against,

(d) the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates, and the supply by the Secretary of State of forms for such certificates and notifications and the charges to be made for the supply of such forms,

(e) the issue of duplicates of test certificates lost or defaced and the fee to be paid for the issue of such duplicates,

(f) the issue of copies of test certificates and the fees to be paid for the issue of such copies,

(g) the keeping by designated councils and authorised examinersof registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,

(h) the keeping of records by designated councils and authorised examiners and the providing by them of returns and information to the Secretary of State,

and regulations under that section may make different provision in relation to different cases or classes of cases.

Subordinate Legislation Made

P1 S. 46: s. 45 (with ss. 46 and 47(5)): power exercised by S.I 1991/253

S. 46: s. 45 (with s. 46): power exercised by S.I 1991/455

For previous exercises of power under s. 46 see Index to Government Orders

P2 S. 46: s. 45 (with s. 46) power exercised (4.7.1991) by S.I. 1991/1525 and (7.10.1991) by S.I. 1991/2229

P3 S. 46: s. 45 (with s. 46) power exercised (9.12.1991) by S.I. 1991/2791

Textual Amendments

F1 Words in s. 46(a) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 53; S.I. 1992/1286, art. 2,Sch.