Regulation 5 Designation by the Secretary of State
If, by virtue of section 126A(9) (inability of senior traffic commissioner to act), the Secretary of State discharges the duties of the senior traffic commissioner under section 126A(5), regulation 4 applies to the Secretary of State as it applies to the senior traffic commissioner, with the modification specified in paragraph (2).
The modification is that the reference in regulation 4(1) to the date on which a notice sent by the authority or authorities by virtue of section 125(1)(d) is received is to be read as a reference to the date on which the Secretary of State becomes aware—
that notice has been given by the authority or authorities to the senior traffic commissioner by virtue of section 125(1)(d), and
that the senior traffic commissioner is unable to discharge the duties conferred by virtue of section 126A(5),
whichever is the later.