Explanatory note

These Regulations make provision about drink-driver rehabilitation courses and apply to Wales. 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 are commenced on 15 March 2013 in advance of the remainder of the Regulations so that approved courses are available to be the subject of court orders made on or after 24 June 2013.

Regulation 3 provides for application to the Welsh Ministers for approval of a rehabilitation course.

Regulation 4 makes provision about the Welsh Ministers' decision on such an application.

Regulation 5 provides for the payment of fees. Fees are payable by successful applicants following the grant of approval. Course completion fees are 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 or administer its provision efficiently or effectively. Save where the Welsh Ministers believe 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 Welsh Ministers 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 minimum course fee of £150 and a maximum course fee of £250 and specifies when and how course fees are to be paid.

Regulation 9 allows the Welsh Ministers 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 Welsh Ministers to publish (free of charge) information about courses, including their cost.

A regulatory impact assessment has been prepared in relation to these Regulations. Copies may be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.