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6. After regulation 5A insert—
5B.—(1) The examiner must refuse to conduct—
(a)the practical test where—
(i)the vehicle submitted for that purpose does not fall within the category in respect of which the theoretical test referred to in regulation 5(5A) was passed; or
(ii)the candidate fails to comply with regulation 5A(2A);
(b)the theoretical test or the practical test where the candidate—
(i)fails to comply with regulation 5A(1); or
(ii)appears to the examiner to be someone other than the person whose details were provided pursuant to an undertaking under regulation 5(6ZA)(c).
(2) The examiner may refuse to conduct the theoretical test or the practical test where a trainer has failed to comply with an undertaking given under regulation 5(6ZA)(c).
(3) Any fee paid pursuant to regulation 5(6) or (6ZA)(a) may be repaid where—
(a)the examiner refused to conduct the test under paragraph (1)(b)(i) because the candidate did not satisfy the examiner as to the candidate’s identity in accordance with regulation 5A(3) and the candidate subsequently satisfies the competent authority as to the candidate’s identity;
(b)the examiner refused to conduct the test under paragraph (1)(b)(ii) and the candidate subsequently appears to the examiner to be the person whose details were provided pursuant to an undertaking under regulation 5(6ZA)(c).
(4) In this regulation—
“examiner” means the person approved under regulation 5(1), the person conducting the test on behalf of the person so approved or the person conducting the test on behalf of the competent authority;
“practical test” means the test of that name referred to in the table in regulation 5; and
“theoretical test” means the test of that name referred to in the table in regulation 5.”.
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