Regulation 22 Persons by whom theory tests may be conducted
Theory tests other than tests conducted for the purposes specified in paragraph (2) may be conducted by the following persons—
a person appointed in writing by the licensing authority—
for the purpose of testing a class of persons specified in the instrument of appointment, or
where no class of persons is specified, for the purpose of testing persons generally;
a person or a class of persons appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;
a person appointed by any chief officer of police, for the purpose of testing—
members of a police force; or
persons employed in the driving of motor vehicles for police purposes by a police authority or by the Receiver for the Metropolitan Police District;
in England and Wales, a person appointed by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, for the purpose of testing members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;
an eligible person appointed by a company which—
has been approved by the licensing authority, and
is the holder of a PSV operator’s licence,
for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of passenger-carrying vehicles.
Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a theory test shall be conducted by—
a person appointed by the licensing authority for the purpose;
a person appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.
No person shall be eligible to appoint any person or class of persons to conduct theory tests under the provisions of sub-paragraphs (b), (c), (d) or (e) of paragraph (1) or under paragraph (2)(b) unless, following an application made to him for the purpose of either of those sub-paragraphs, the licensing authority is satisfied that—
proper arrangements will be made by that person, or by the members of that class, for the conduct of tests in accordance with these Regulations; and
proper records of such tests and the results thereof will be kept by him or them,
and has granted his approval in writing, subject to such conditions as he thinks fit to impose.
No person or class of persons may be appointed under the provisions of paragraph (b), (c), (d) or (e) of paragraph (1) or under paragraph (2)(b) unless the person making the appointment has appointed a person or class of persons to conduct practical tests under the provisions of regulation 21(1) and the licensing authority has approved that appointment.
An appointment made under paragraph (1)(a)(ii) may be made subject to such conditions as are, in the opinion of the licensing authority, reasonably necessary in the general interests of candidates and where an appointed person breaks such a condition the licensing authority may appoint another person to carry out theory tests in substitution for that person notwithstanding that the first appointment has not been revoked.
A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.
No person appointed by virtue of sub-paragraph (b), (c), (d) or (e) of paragraph (1) or under paragraph (2)(b) may conduct tests unless the licensing authority has given his approval in writing to his appointment and such approval shall be granted only if the licensing authority is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate’s ability to drive vehicles of the class in respect of which he is appointed to conduct tests.