The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1995

Regulation 7

THE SCHEDULE MINOR AMENDMENTS

1.  In regulation 12(5), the words “or the Secretary of State” shall be omitted and at the end there shall be inserted the words “; and the reference in this paragraph to any examiner shall include a reference to any examiner appointed under section 66A of the Road Traffic Act 1988”.

2.—(1) Regulation 14 shall be amended as follows.

(2) In paragraph (1), the words “or the Secretary of State” shall be omitted.

(3) After paragraph (1), there shall be inserted the following paragraph—

“(1A) Where a motor vehicle has been submitted for an examination to be carried out by an examiner appointed under section 66A of the Road Traffic Act 1988, paragraph (1) shall affect in relation to the examination as if—

(a) the first reference in that paragraph to an examiner or an inspector appointed by a designated council were a reference to an examiner appointed under that section; and

(b) the second reference in that paragraph to an examiner or an insepctor appointed by a designated council were a reference to the Secretary of State.”.

(3) In paragraph (4)—

(a) the word “and” immediately following sub-paragraph (a) shall be omitted and, in sub-paragraph (b), the words “or the Secretary of State” in both places where they appear shall be omitted; and

(b) after sub-paragraph (b) there shall be inserted the following—

“and

(c) references to a period while a vehicle is in the custody of the Secretary of State include references to any period while a vehicle is, in connection with the carrying out of an examination of the vehicle by an examiner appointed under section 66A of the Road Traffic Act 1988, in the control or care of such an examiner.”.

3.  In regulation 15(4)—

(a) in sub-paragraph (b), the words “or the Secretary of State” shall be omitted; and

(b) after sub-paragraph (b), there shall be inserted the following sub-paragraph—

“(c) where the examination is carried out by an examiner appointed under section 66A of the Road Traffic Act 1988, by that examiner,”.

4.  In regulation 16—

(a) in paragraph (1), the words “or the Secretary of State” shall be omitted; and

(b) after paragraph (3) there shall be inserted the following paragraph—

“(4) A reference in this Regulation to an examiner shall include a reference to an examiner appointed under section 66A of the Road Traffic Act 1988.”.

5.  In regulation 17(2)—

(a) the word “and” immediately following sub-paragraph (a) shall be omitted and, in sub-paragraph (b), the words “or the Secretary of State” in both places where they occur shall be omitted; and

(b) after sub-paragraph (b) there shall be inserted the following sub-paragraph—

“(c) references to a vehicle as being in the custody of the Secretary of State include references to a vehicle which is, in connection with the carrying out of an examination of the vehicle by an examiner appointed under section 66A of the Road Traffic Act 1988, in the control or care of such an examiner.”.

6.  In regulation 18(4), “4(4),” shall be omitted and in sub-paragraph (a) for the words “an inspector appointed by the Secretary of State” there shall be substituted the words “an examiner”.

7.  In regulation 20(6), for the words “or the inspector appointed” to “the Secretary of State”there shall be substituted the words “, the inspector appointed by a designated council or the examiner appointed under section 66A of the Road Traffic Act 1988”.

8.  In regulation 23(1)(a)(iii), for the words “inspector appointed by the Secretary of State”there shall be substituted the words “examiner appointed under section 66A of the Road Traffic Act 1988”.