(1)If an application is made to the appropriate national authority for the approval of a course for the purposes of section 34A of this Act, the appropriate national authority must decide whether to grant or refuse the application.
(2)In reaching that decision the appropriate national authority must have regard to—
(a)the nature of the course, and
(b)whether the course provider is an appropriate person to provide the course and administer its provision efficiently and effectively,
and may take into account any recommendations made by any persons appointed to consider the application.
(3)A course may be approved subject to conditions specified by the appropriate national authority.
(4)An approval of a course is for the period specified by the appropriate national authority (which must not exceed seven years), subject to withdrawal of approval.
(5)Regulations made by the appropriate national authority may make provision in relation to the approval of courses and may, in particular, include provision—
(a)in relation to the making of applications for approval,
(b)for the payment in respect of applications for approval, or of approvals, (or of both) of fees of such amounts as are prescribed by the regulations,
(c)specifying the maximum fees that a person may be required to pay for a course and by when they are to be paid,
(d)for the monitoring of courses and course providers,
(e)in relation to withdrawing approval,
(f)for an appeal to lie to the [F2First-tier Tribunal] against a refusal of an application for approval, the imposition of conditions on the grant of such an application or the withdrawal of approval, and
(g)authorising the appropriate national authority to make available (with or without charge) information about courses and course providers.]
Textual Amendments
F1Ss. 34A-34C substituted for ss. 34A-34C (21.12.2012 for specified purposes, 24.6.2013 for specified purposes) by Road Safety Act 2006 (c. 49), ss. 35, 61(1)(10); S.I. 2012/2938, art. 2(1)(a)(b) (with art. 3)
F2Words in s. 34BA(5)(f) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order (2009 SI1885), art. 1(1), Sch. 1 para. 16