Regulation 36 Evidence of result of theory tests

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 35(3(a) words substituted by Motor Vehicles (Driving Licences) 2012 reg. 3(22)(a)
reg. 36(6) words inserted by Motor Vehicles (Driving Licences) 2012 reg. 3(23)
reg. 36(6A) inserted by Motor Vehicles (Driving Licences) (Coronavirus) 2020 reg. 2(2)
reg. 36(6A) substituted by Motor Vehicles (Driving Licences) (Coronavirus) 2020 reg. 2(2)

(1)

A person conducting a theory test shall, as soon as practicable after its completion, arrange for the test paper returned by a test candidate to be marked for the purpose of ascertaining whether the candidate has demonstrated knowledge and understanding of the specified matters in accordance with these Regulations.

(2)

A person conducting the theory test shall furnish—

(a)

a person who passes the test with a certificate (a “pass certificate”) in the form set out in Part 1 of Schedule 9;

(b)

a person who fails to pass the test with a statement (a “failure statement”) in the form set out in Part 2 of Schedule 9.

(3)

Where a person who has conducted a theory test is satisfied that a pass certificate or a failure statement has been furnished in error to a person who took a theory test, he shall, upon receipt of that document from the person who took the test and subject to paragraph (4), furnish that person with a correct certificate or statement, as the case may be.

(4)

Where the person who took the test alleges that a failure statement has been furnished in error returns the statement not later than 14 days after it was sent to him to the person who conducted the test with a request in writing that the paper be remarked, the person who conducted the test shall comply with that request for the purpose of ascertaining whether an error has been made but subject thereto he shall not be obliged to remark any paper.

(5)

A pass certificate issued in error may not be presented, in support of an application for a licence, as evidence that a person has passed the test mentioned in such certificate.

(6)

A pass certificate shall be valid for the purposes of regulation 27(3) for a period commencing on the date on which the test was taken and ending—

(a)

two years later; or

(b)

on the date on which the person to whom the certificate was given is disqualified by order of a court under Article 152 or 196 of the Order until he passes the driving test,

whichever is the earlier.

(7)

A pass certificate is invalid if the person to whom it is issued is at that time ineligible, by virtue of an enactment contained in the 1981 Order or these Regulations, to take the test to which the certificate relates.

(8)

A person authorised to conduct theory tests by virtue of sub-paragraph (c) of regulation 19(1) shall issue pass certificates and failure statements using forms supplied by the Department who may make a charge of £5·00 per form.