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Regulation 8 Approvals, authorisations and designationsF1

England, Wales and Scotland

Original text. Later amendments are not shown.

(1)

The Secretary of State may, after making such investigations and carrying out such inspections as he thinks fit, by an instrument in writing approve, authorise or designate (as the case may be) a person by whom an application has been made under regulation 7 or 7A.

(2)

The Secretary of State may at any time, by an instrument in writing, authorise any other person, other than an officer of the Secretary of State, to carry out examinations for the purposes of section 45 of the 1988 Act.

(3)

An approval under paragraph (1) shall be subject to the conditions set out in regulation 8A (“the approval conditions”) and to such other conditions as may be specified in the approval.

(4)

Every authorisation under paragraph (1) or (2) shall be subject to the conditions set out in regulation 8B (“the general authorisation conditions”).

(5)

The authorisation of an examiner who is not an individual shall be subject (in addition to the general authorisation conditions) to the conditions set out in regulation 8C (“the corporate authorisation conditions”) and to such other conditions as may be specified in the authorisation.

(6)

The authorisation of an examiner who is an individual shall be subject (in addition to the general authorisation conditions) to the conditions set out in regulation 8D (“the individual authorisation conditions”) and to such other conditions as may be specified in the authorisation.

(7)

A designation under paragraph (1) shall be subject to the conditions set out in regulation 8E (“the designation conditions”) and to such other conditions as may be specified in the designation.

(8)

Where the Secretary of State is minded not to approve, authorise or designate a person by whom, or on whose behalf, an application is made under regulation 7 or 7A (“the applicant”), he shall give notice to the applicant to that effect.

(9)

The applicant (or any person acting on his behalf) may, within 14 days from the date of the notice given under paragraph (8), make to the Secretary of State, at the address specified in the notice, written representations to the effect that the applicant should be approved, authorised or designated (as the case may be).

Annotations

Textual amendments

F1

Pt. 2 (regs. 7, 7A, 8, 8A-8F, 9-11) substituted for Pt. 2 (regs. 7-11) (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 5, Sch. (with regs. 1(3), 25)