# The Road Traffic (2007 Order) (Commencement No. 5) Order (Northern Ireland) 2010

S.R. 2010/226 · made 28 June 2010 · revised to 13 September 2012

This Order brings into operation on 2nd August 2010 the provisions of Part V of the Road Traffic (Northern Ireland) Order 2007 (“the Road Traffic Order”) specified in the Schedule which deal with driving instruction as outlined below.

Made under: The Road Traffic (Northern Ireland) Order 2007 (Article 1)

PDFs: Printed copy https://openlegislation.uk/road-traffic-2007-order-commencement-no-5-order-northern-ireland-2010/pdf/nisr_20100226_en.pdf

## Introductory text

Road Traffic And Vehicles
Made 28th June 2010
The Department of the Environment makes the following Order in exercise of the powers conferred by Article 1(3) of the Road Traffic (Northern Ireland) Order 2007.

## 1 Citation and interpretation

(1) This Order may be cited as the Road Traffic (2007 Order) (Commencement No. 5) Order (Northern Ireland) 2010.
(2) In this Order “the Order” means the Road Traffic (Northern Ireland) Order 2007.

## 2 Appointed day

The day appointed for the coming into operation of the provisions of the Order listed in column 1 of the Schedule for the purposes of column 3 thereof shall be 2nd August 2010.

## Signature

Sealed with the Official Seal of the Department of the Environment on 28th June 2010.
L.S.
Deirdre Kenny
A senior officer of the
Department of the Environment

## Provisions coming into operation on 2nd August 2010

Provisions of the Order
Subject Matter
Purposes
Article 46
Interpretation of this part
For all purposes
Article 47
Expressions defined in this part
For all purposes
Article 48
Requirement of registration
For all purposes
Article 49
Paid driving instruction: offences
For all purposes
Article 50
Exemption from prohibitions imposed by Article 48
For all purposes
Article 51 (1) to (5)
Register
For all purposes
Article 52
Conditions of registration
For all purposes
Article 55 (1) to (4)
Duration of registration
For all purposes
Article 56
Extension of duration of registration
For all purposes other than those relating to the case of a disabled driving instructor
Article 57
Termination of registration by Registrar
For all purposes other than those relating to the case of a disabled driving instructor
Article 58
Power to give direction as to further applications
For all purposes
Article 59
Appeals to the Department
Article 60
Appeals to court of summary jurisdiction
For all purposes
Article 61
Regulations in respect of appeals
For all purposes
Article 62
Examinations
For all purposes
Article 63
Review of examinations etc.
For all purposes
Article 69
Power to alter registration period
For all purposes
Article 70
Evidence of registration
For all purposes
Article 71
Surrender of certificates etc.
For all purposes
Article 72
Production of certificates etc. to constables and authorised persons
For all purposes
Article 73
Offences by corporations
For all purposes
Article 74
Service of notices
For all purposes
Article 75
Fees
For all purposes
Article 76
Regulations
For all purposes
Article 77
Application to Crown
For all purposes
Schedule 6 insofar as it relates to the entries for Articles 49(1) and (2), 49(4), 70, 71 and 72 of the Road Traffic (Northern Ireland) Order 2007 and Article 78 insofar as it relates to those entries.
Entries to be inserted in Part 1 of Schedule 1 to the Offenders Order in respect of driving instruction
For all purposes
In Part 1 of Schedule 8 the entry relating to Part XII of the Road Traffic (Northern Ireland) Order 1981, insofar as it relates to—
Articles 132 to 134 and
Articles 136 to 137A,
and Article 86(2) insofar as it relates to those repeals.
Repeals
For all purposes other than those necessary for Article 135

## Explanatory note

(This note is not part of the Order)
This Order brings into operation on 2nd August 2010 the provisions of Part V of the Road Traffic (Northern Ireland) Order 2007 (“the Road Traffic Order”) specified in the Schedule which deal with driving instruction as outlined below.
Article 48 extends the registration requirement for Driving Instructors and states that evidence of registration should be displayed as required by regulation.
Article 49 makes it an offence for any person or operator to contravene any of the registration requirements.
Article 50 enables the Department of the Environment (the Department) to make regulations providing for exemptions from registration requirements, in particular, in relation to those training to be driving instructors.
Article 51 makes provision for the setting up of a new register of driving instructors.
Article 52 and Articles 55 to 58 deal with the registration process including the period for which registration is valid and applications for an extension of that period.
Articles 59 to 61 provide an appeals process from the decision of the Registrar.
Articles 62 and 63 deal with the requirements in relation to examinations.
Article 69 permits the Department to make regulations to alter the period when registration is terminated or extended, or when a further application to be registered may be entertained.
Article 70 permits regulations to prescribe the certificates or other items that may be displayed as evidence of registration.
Article 71 provides that where a person whose registration has been terminated fails to surrender his certificate or other item to the Registrar as required, he will be guilty of an offence.
Article 72 enables a constable or person authorised by the Department to seize certificates.
Article 73 provides that corporate bodies shall be liable for offences under Part V of the Road Traffic Order in the same way as individuals.
Article 74 clarifies for the purposes of serving notices that the address held on the registrar shall be treated as the person’s usual or last known place of abode.
Article 75 enables the Department to make regulations to prescribe the fees to be paid in connection with registration and the repayment of fees.
Article 77 deals with the application of Part V of the Road Traffic Order to the Crown.
Article 78 provides for offences and penalties arising under Part V of the Road Traffic Order as set out in Schedule 6 to be added to Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996.

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Source: https://www.legislation.gov.uk/nisr/2010/226 (the official version)
Page: https://openlegislation.uk/road-traffic-2007-order-commencement-no-5-order-northern-ireland-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

