Diario de la 1125ª Sesión extraordinaria del Consejo Permanente
After section 128 of the Road Traffic Act 1988 (c. 52) (as substituted by Schedule 6 to the Road Safety Act 2006 (c. 49)) (termination of registration by Registrar) insert—
In section 123(1)(a) and (b) of the Road Traffic Act 1988 (c. 52) (as substituted by Schedule 6 to the Act of 2006) (prohibition on giving paid driving instruction or carrying on business in the provision of paid driving instruction when unregistered) after “of driving instruction” insert “ and the registration is not suspended ”.
In section 123A(3) of the Road Traffic Act 1988 (as substituted by Schedule 6 to the Act of 2006) (defence to offence of contravening the prohibition) after “question” insert “ or (as the case may be) that the registration was at that time suspended ”.
In section 142 of the Road Traffic Act 1988 (as substituted by Schedule 6 to the Act of 2006) (index to Part 5), in the entry in the table for “Registered and registration”, for “Section 123(7)” substitute “ Sections 123(7) and 128ZA(7) ”.
In subsection (1) of section 18 of the Road Traffic Offenders Act 1988 (c. 53) (as it has effect with the substitution of paragraphs (a) to (d) of that subsection by Schedule 6 to the Act of 2006) (evidence by certificate as to registration etc. of driving instructors etc.), after paragraph (b) and before the word “or” at the end of the paragraph, insert—.
After section 128ZA of the Road Traffic Act 1988 (c. 52) (as inserted or to be inserted by section 1(1) above) insert—
After section 124(2) of the Road Traffic Act 1988 (c. 52) (as substituted by Schedule 6 to the Road Safety Act 2006 (c. 49)) (exemption from prohibitions imposed by section 123) insert—
Schedule 1 (which contains amendments to Part 5 of the Road Traffic Act 1988 as it has effect without the amendments and repeals made by the Road Safety Act 2006) has effect.
The enactments listed in Schedule 2 are repealed to the extent specified.
The Secretary of State may by order make such supplementary, incidental or consequential provision as the Secretary of State considers appropriate for the purposes of this Act or in consequence of this Act.
The power to make an order under this section—
is exercisable by statutory instrument,
includes power to make transitional, transitory or saving provision,
may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including any Act passed in the same Session as this Act).
In subsection (2)(c) “enactment” includes an Act of the Scottish Parliament.
Subject to subsection (5), an instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
An instrument containing an order under this section which does not amend or repeal a provision of a public general Act or an Act of the Scottish Parliament is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
An order under subsection (1) may, in particular, take account of any amendment or repeal made, or to be made, by Schedule 6 to the Road Safety Act 2006 (c. 49).
This Act may be cited as the Driving Instruction (Suspension and Exemption Powers) Act 2009.
Sections 5 and 6 and this section come into force on the day on which this Act is passed.
Sections 1 to 4 and Schedules 1 and 2 come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
This Act extends only to England and Wales and Scotland.
Section 4(1)
After subsection (7) of section 128 of the Road Traffic Act 1988 (c. 52) (as it has effect without the substitution of that section by Schedule 6 to the Road Safety Act 2006 (c. 49)) (removal of names from register) insert—
Section 123 of the Road Traffic Act 1988 (c. 52) (as it has effect without the substitution of that section by Schedule 6 to the Act of 2006) (driving instruction for payment to be given only by registered or licensed persons) is amended as follows. In subsection (1)(a) (prohibition on giving paid instruction in the driving of a motor car when unregistered or unlicensed) after “register”)” insert “ and the registration is not suspended ”. In subsection (5) (defence to offence of contravening the prohibition) after “time” insert “ , or (as the case may be) that the registration was at that time suspended ”.
After subsection (8) of section 127 of the Road Traffic Act 1988 (extension of duration of registration) insert—
In subsection (1) of section 18 of the Road Traffic Offenders Act 1988 (c. 53) (as it has effect without the substitution of paragraphs (a) to (d) of that subsection by Schedule 6 to the Act of 2006) (evidence by certificate as to registration of driving instructors and licences to give instruction), after paragraph (b), insert—.
After subsection (6) of section 130 of the Road Traffic Act 1988 (as it has effect without the omission of that section by Schedule 6 to the Act of 2006) (revocation of licences) insert—
After subsection (8) of section 129 of the Road Traffic Act 1988 (c. 52) (as it has effect without the omission of that section by Schedule 6 to the Act of 2006) (licences for giving instruction so as to obtain practical experience) insert—
After section 131 of the Road Traffic Act 1988 (c. 52) (appeals) insert—
Section 4(2) Short title and chapter Extent of repeal Road Traffic Act 1988 (c. 52) In section 123 (as it has effect without the substitution of that section by Schedule 6 to the Road Safety Act 2006 (c. 49))— in subsection (1)(a), the words “and the registration is not suspended”, and in subsection (5), the words “, or (as the case may be) that the registration was at that time suspended”. Section 127(9). Section 128(7A) to (7G). Section 129(9). Section 130(7) to (13). Section 131A and the italic heading before it. Road Traffic Offenders Act 1988 (c. 53) In section 18(1) (as it has effect without the substitution of paragraphs (a) to (d) of that subsection by Schedule 6 to the Act of 2006), paragraph (ba). Driving Instruction (Suspension and Exemption Powers) Act 2009 (c. 17) Section 4(1). Schedule 1.