8. In regulation 23 (persons by whom theory tests may be conducted)—
(a)at the beginning of paragraph (1) insert “Subject to paragraph (8A).”; and
(b)after paragraph (8) insert—
“(8A) A person appointed under sub-paragraph (da), (db), (e) or (f) of paragraph (1) shall not conduct a theory test within the meaning of regulation 3A(1)(ab).”.