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Session 1999-2000
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Amendments to the Transport Bill

Transport Bill -
Amendments to be debated in the House of Lords

Here you can browse the Supplement (c) to the Second Marshalled List of Amendments to the Transport Bill to be moved in Committee (re-commitment) in the House of Lords.

After Clause 181
     Insert the following new Clause-- 
     ("  .--(1)  A licensing scheme under this Part shall make provision for compensation to cover costs in implementing such a scheme.
    (2)  Where levies are imposed under section 177(2)(a) and (b) the occupier of the premises or specified person shall be entitled to appeal to the licensing authority for compensation for the cost of implementing and managing any such scheme.
    (3)  Compensation shall include--
    (a)  the cost of advertising the scheme on the premises or in the vicinity;
    (b)  the cost of any equipment installed to manage or implement the scheme; and
    (c)  the cost of implementing any changes to a licensing scheme.
    (4)  Any consultation carried out under section 184 shall include information about any proposed compensation, or not, which forms part of a proposed scheme or varying of a scheme under this Part.")
Licensing scheme: compensation for costs.
Schedule 14
     Page 236, line 12, leave out ("prepare, and may from time to time revise,") and insert ("approve") 
Clause 210
     Page 122, line 37, at end insert ("provided that such terms and conditions do not interfere with commercial practices which are essential to industry investment") 
After Clause 257
     Insert the following new Clause-- 
     ("  .  In section 97(3A) of the Road Traffic Act 1988 for the words "motor bicycles and mopeds" (in each place where they occur) substitute "motor vehicles"".)Grant of Licences: training requirements.
     Insert the following new Clause-- 
     ("  .  For section 123 of the Road Traffic Act 1988 substitute--Register of persons permitted to offer driving instruction.
 Register of persons permitted to offer driving instruction.     123.--(1)  The Secretary of State shall keep a register of persons permitted to offer driving instruction for reward; and he may by regulations specify classes of person who are not required to be on that register.
    (2)  The Secretary of State may by regulation restrict such persons as are on the register to instruction on particular classes of vehicle or classes of pupil.
    (3)  The Secretary of State may specify by regulation the training and tests to be completed by--
    (a)  persons applying to join the register; and
    (b)  persons on the register for the purpose of ascertaining that they remain of the required standard,
and these tests may be different for the different kinds of instruction which he may specify under subsection (2) above.
    (4)  The Secretary of State may specify the conditions under which persons applying to join the register may, during their training period, offer instruction for reward.
    (5)  The Secretary of State may specify fees to be paid by any person who undergoes a test under subsection (3) above; and a periodic fee for remaining on the register.
    (6)  The Secretary of State may, with immediate effect, remove from the register any person who--
    (a) fails to pay a fee if due;
    (b)  is, in his opinion, not fit and proper person, by reason of conduct or financial standing, to be on the Register;
    (c)  fails to display competence in driving instruction, in one or more classes, following a test under subsection (3) or by other evidence.
    (7)  A person aggrieved by his removal from the register by the Secretary of State may appeal against that decision to the Transport Tribunal and the Tribunal may defer the Secretary of State's decision while the appeal is pending.
    (8)  Where the removal was under subsection (5)(a) or (b) above, the Transport Tribunal must determine the appeal within a maximum of 90 days and may make an award of costs against an appellant if it considers an appeal to be vexatious or frivolous.
    (9)  Any person on the existing register of approved driver instructors, set up under Part V of the Road Traffic Act 1988, shall be placed on the register set up under this section from the date on which it comes into operation.
    (10)  The Secretary of State has the right to restrict the entitlement to certain classes of vehicle or classes of pupil as provided for in subsection (2) above.
    (11)  The Secretary of State may place on the register any person appearing on a voluntary register maintained by the Driving Standards Agency of his Department existing at the date this section comes into force and having objectives similar to those of this section.
    (12)  The Secretary of State shall appoint an officer to be responsible for entering persons on the register and such information about performance, as he considers appropriate and that officer shall make the register available for inspection at all reasonable times whether electronically or otherwise and make reasonable charges for providing such information.
    (13)  A person who is not on the register and who offers driving instruction for reward commits an offence punishable by a fine on level 3 of the standard scale.".")
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