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5. Where, prior to the Commencement Date—
(a)a person was required to take an emergency control assessment which they took and failed, that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(a) if they fulfil the conditions in regulation 16B(2)(a)(i) and (ii);
(b)in any other case—
(i)where a person who was registered as a disabled driving instructor was required to take an emergency control assessment, which they took and failed, that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(b)(i) of the 2005 Regulations;
(ii)where a person who held a trainee licence, or was in the process of applying to be registered as a disabled driving instructor, failed an emergency control assessment that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(b)(ii) of the 2005 Regulations;
(iii)where a person who was in the process of applying for a licence was required to take an emergency control assessment, which they took and failed, that person may, on or after the Commencement Date, apply to take a further emergency control assessment in the circumstances prescribed in regulation 16B(2)(b)(iii) of the 2005 Regulations.
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