Explanatory note

These Regulations make provision about drink-drive rehabilitation courses and, save in respect of the revocation of regulations, apply to England and Scotland only. These are courses which may be the subject of an order of a court under which a period of disqualification for drink-drive offences may be reduced if the offender successfully completes an approved course. The relevant statutory provisions are sections 34A to 34C of the Road Traffic Offenders Act 1988 as substituted by the Road Safety Act 2006, section 35.

Regulations relating to applications for approval, approval and appeals against refusal of approval or conditional approval of courses are commenced on 21st December 2012 in advance of the remainder of the Regulations so that approved courses are available to be the subject of court orders made on and after 24th June 2013.

Regulation 3 provides for application to the Secretary of State for approval of a rehabilitation course.

Regulation 4 makes provision about the Secretary of State’s decision on such an application.

Regulation 5 provides for the payment of fees. A fee of £1000 is payable on each application. Where a course provider applies to provide an approved course in another, or a different, area the application fee must not exceed £1000. A continuing approval fee is payable by successful applicants following the grant of approval. The continuing approval fee is payable quarterly in arrears and calculated according to the number of persons (“offenders”) successfully completing the course during the previous quarter. The fee is set at £7 per offender.

Regulation 6 provides for withdrawal of approval of courses in the event of a course provider failing to observe a condition of approval, disregarding guidance or ceasing to be an appropriate person to provide the course and administer its provision efficiently or effectively. Save where the Secretary of State believes the course provider, or a person acting with the provider’s authority, has been guilty of serious misconduct meriting immediate withdrawal, a warning notice must first be given allowing the provider an opportunity to reply to the proposal to withdraw approval. Every withdrawal notice given by the Secretary of State must state the reason for the withdrawal and, if appropriate, the nature of any serious misconduct.

Regulation 7 provides for appeals against the refusal of an application for approval, the imposition of a condition on the grant of approval or the withdrawal of an approval. Appeals must be made within a specified period to the First-tier Tribunal, which has the power to make such orders as it thinks fit.

Regulation 8 prescribes a maximum course attendance fee of £250 and specifies when and how attendance fees are to be paid.

Regulation 9 allows the Secretary of State to require information from course providers about their administration and conduct of courses and also their compliance with sections 34A to 34C of the Road Traffic Offenders Act 1988 and these Regulations.

Regulations 10 and 11 prescribe the form of a certificate of completion of a course and of a notice of non-completion and also the circumstances in which such a notice is to be treated as having been given.

Regulation 12 empowers the Secretary of State to publish information about courses, including their cost.

Regulation 13 revokes the Road Traffic (Courses for Drink-Drive Offenders) Regulations 1992.

A full Impact Assessment of the effect this instrument will have on the costs of business and the voluntary sector is available at www.gov.uk. The impact assessment is also attached to the Explanatory Memorandum and available alongside the instrument at www.legislation.gov.uk.