Road Traffic Act 1991

20 For section 20 of that Act (substitution of new section for section 72 of the 1988 Act) there shall be substituted—

“20 Amendment of section 72 of 1988 Act

In section 72 of the 1988 Act (removal of prohibitions) after the word “constable” in each place where it occurs in subsections (1), (5) and (7), there shall be inserted the words “or authorised inspector”.

“21 For section 21(4) of that Act (amendments with respect to appeals) there shall be substituted—

“(4) In section 51 of that Act (appeals to the Secretary of State)—

(a) in subsection (1), after the word “examiner” there shall be inserted the words “or an authorised inspector”;

(b) after subsection (1) there shall be inserted the following subsections—

“(1A) A person aggrieved by the refusal of the prescribed testing authority to approve a vehicle as a type vehicle under section 10 of this Act or by the withdrawal by that authority under that section of such approval may appeal to the Secretary of State.

(1B) On any appeal under subsection (1A) above, the Secretary of State shall cause an examination of the vehicle concerned to be made by an officer of the Secretary of State appointed by him for the purpose and shall make such determination on the basis of the examination as he thinks fit.”; and

(c) in subsection (4) after the word “examiner” in both places where it occurs there shall be inserted the words “prescribed testing authority or authorised inspector concerned”.”

(1) Section 24 of that Act (falsification of documents) shall be amended as follows.

(2) In subsection (2) for paragraph (a) there shall be substituted—

(a) in subsection (4) after the words “of this Act” there shall be inserted the words “or an authorised inspector appointed under section 8 of the [1982 c. 49.] Transport Act 1982”;”.

(3) In subsection (4), in section 66A(2) to be inserted in the [1981 c. 14.] Public Passenger Vehicles Act 1981, for the words “a certifying officer, a public service vehicle examiner” there shall be substituted the words “an examiner appointed under section 66A of the [1988 c. 52.] Road Traffic Act 1988”.