Savings and transitional provision in respect of tests conducted before 27th April 2009

33.—(1) Subject to paragraphs (2) to (4), the principal Regulations shall apply in relation to a relevant test without the amendments made by these Regulations and, save where a contrary intention is expressed, references in paragraphs (2) to (5) to “the principal Regulations” mean the principal Regulations without the amendments made by these Regulations.

(2) Regulation 34 of the principal Regulations (eligibility to reapply for practical or unitary test) shall apply to a relevant test taken after 13th April 2009 with the amendments made by these Regulations and, for the purposes of that regulation, a person who takes, and fails to pass, such test after that date shall be regarded as having failed to pass the manoeuvres test on 22nd April 2009.

(3) Regulation 40B(5)(b) of the principal Regulations shall not apply in relation to a relevant test.

(4) Regulation 40C(7) of the principal Regulations shall apply as if for “30th March” were substituted “27th April”.

(5) In this regulation—

(a)“manoeuvres test” has the same meaning as in the principal Regulations as amended by these Regulations;

(b)“relevant test” means a practical test in respect of a vehicle included in category A or P which is taken on or after 30th March 2009 and before 27th April 2009; and

(c)“practical test” has the same meaning as in the principal Regulations.