Explanatory note
(This note is not part of the Regulations)
Under Part 5 of the Road Traffic Act 1988 (c. 52) (“the Act”), the Registrar may suspend an approved driving instructor (“ADI”) or a potential driving instructor (“PDI”) from giving paid car-driving instruction—
in the case of ADIs, pending the removal of that person’s name from the register, or the refusal of that person’s application to retain their name in the register, or
in the case of PDIs, pending the revocation of that person’s licence to give paid car-driving instruction, or the refusal of that person’s application for a new licence in substitution for a licence current as at the date of that application,
where the Registrar believes that the person would pose a significant threat to the safety of members of the public if they were not suspended, and has given that person the required written notice.
These Regulations establish a scheme to compensate ADIs and PDIs for income losses and non-income losses that they incur as a result of the suspension, where they are subsequently allowed to resume giving paid car-driving instruction.
Regulation 3 and Schedule 1 set out the requirements for an application for compensation.
Regulation 4(1) and (2) and Part 1 of Schedule 2 provide for the Secretary of State to determine a claim for compensation, or re-determine a claim for compensation as a result of an order or remission of the matter by the First-tier Tribunal and set out the procedure to be followed in either case.
Regulation 4(3) and Schedule 3—
set out the conditions for entitlement to compensation under the Regulations; and
specify the descriptions of income losses and non-income losses for which compensation is payable.
Regulations 4(4) and 6 provide for the calculation of compensation.
Regulation 5 and Part 2 ofSchedule 2 set out—
the circumstances in which the Secretary of State’s decision that a person is entitled to compensation, or is entitled to a certain amount of compensation, may be revoked or revised accordingly by the Secretary of State; and
the procedure to be followed in order for the Secretary of State to decide whether or not to revoke or revise such decisions.
Regulation 7 and Part 3 of Schedule 2 provide for the payment of compensation and the recovery of any overpayment.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at www.direct.gov.uk and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.