Section 131 Appeals.C1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 131(6) inserted by Driving Instructors (Registration) Act 2016 s. 2(4)
s. 131(6) inserted by 2006 c. 49 Sch. 6 para. 13(9) (as inserted) by Driving Instructors (Registration) Act 2016 s. 4(5)
s. 131(6) substituted by 2006 c. 49 Sch. 6 para. 13(9) (as inserted) by Driving Instructors (Registration) Act 2016 s. 4(5)
s. 131(1)(a)-(c) substituted by Road Safety Act 2006 Sch. 6 para. 13(2)
s. 131(2) repealed by Road Safety Act 2006 Sch. 6 para. 13(3) Sch. 7(14)
s. 131(3)(b)(c) substituted for s. 131(3)(b) and word by Road Safety Act 2006 Sch. 6 para. 13(4)
s. 131(4) words substituted by Road Safety Act 2006 Sch. 6 para. 13(5)
s. 131(4B) words substituted by Road Safety Act 2006 Sch. 6 para. 13(6)
s. 131(4D) words substituted by Road Safety Act 2006 Sch. 6 para. 13(7)(a)
s. 131(4D) words substituted by Road Safety Act 2006 Sch. 6 para. 13(7)(b)
s. 131(4F) words substituted by Road Safety Act 2006 Sch. 6 para. 13(8)
s. 131(3) words substituted by 2006 c. 49, Sch. 6 para. 13(3A) (as inserted) by Recognition of Professional Qualifications and Implementation of International Recognition Agreements 2023 Sch. 3 para. 92(2)(a)(ii)
s. 131(A1)-(C1) inserted by 2006 c. 49, Sch. 6 para. 13(1A) (as inserted) by Recognition of Professional Qualifications and Implementation of International Recognition Agreements 2023 Sch. 3 para. 92(2)(a)(i)

F1(A1)

A relevant person who is aggrieved by the failure of the Registrar to notify the person of a decision in relation to an application for entry of the person’s name in the register before the end of the period of four months beginning with the day after the day on which the complete application was submitted, may appeal to the First-tier Tribunal.

(B1)

On an appeal under subsection (A1), the First-tier Tribunal may make such order requiring the Registrar to notify the relevant person of a decision in relation to the application as it thinks fit.

(C1)

In subsections (A1) and (B1), “relevant person” means a person entitled to give paid instruction in the driving of a motor car by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

(1)

A person who is aggrieved by a decision of the Registrar—

(a)

to refuse an application for the entry of his name in the register, or

(b)

to refuse an application for the retention of his name in the register, or

(c)

to remove his name from the register,

may F2appeal to the First-tier Tribunal.

(2)

A person who is aggrieved by a decision of the Registrar—

(a)

to refuse an application for the grant of a licence under this Part of this Act, or

(b)

to revoke such a licence,

may appeal to the First-tier Tribunal.

(3)

On F3an appeal under subsection (1) or (2) the F4First-tier Tribunal may make such order—

(a)

for the grant or refusal of the application

or,

(b)

for the removal or the retention of the name in the register, or the revocation or continuation of the licence,

(as the case may be) as F5it thinks fit.

(4)

An order for such refusal, removal or revocation may direct that an application by the appellant—

(a)

for the grant of a licence under this Part of this Act, or

(b)

for his name to be entered in the register,

shall not be entertained before the expiration of such period, not exceeding four years beginning with the day on which the order is made, as may be specified in the order.

F6(4A)

If the F7First-tier Tribunal considers that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, F8it may (instead of making an order under subsection (3) above) remit the matter to the Registrar for him to reconsider the decision.

F9(4B)

A person who is aggrieved by a decision of the Registrar not to give a direction under section 127(8), 128(7) or 130(6) of this Act may F10appeal to the First-tier Tribunal.

(4C)

The F11First-tier Tribunal shall determine the appeal by either—

(a)

giving the direction concerned, or

(b)

dismissing the appeal.

F12. . .

(4D)

Where the Registrar has decided to refuse an application for the retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act but either—

(a)

he gave a direction under section 127(8), 128(7) or 130(6) of this Act, or

(b)

the F13First-tier Tribunal have given such a direction on appeal,

he may F14. . . apply to the First-tier Tribunal for an order that the decision is to take effect immediately.

(4E)

The F15First-tier Tribunal shall determine the Registrar’s application by either granting or refusing the application.F16. . .

(4F)

The F17First-tier Tribunal may only grant the application if F18it considers that a failure to do so might prejudicially affect—

(a)

the well-being of any person to whom the person concerned may give instruction in the driving of a motor car, or

(b)

the safety of road users.

(4G)

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 131(A1)-(C1) inserted (until the commencement of 2006 c. 49, Sch. 6) by S.I. 2016/1089, reg. 2(8)(a) (as substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 97(2)(b))
F2: Words in s. 131(1)(2) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(a) (with Sch. 4)
F3: Words in s. 131(3) substituted (until the commencement of 2006 c. 49, Sch. 6) by S.I. 2016/1089, reg. 2(8)(b) (as substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 97(2)(b))
F4: Words in s. 131(3) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(b)(i) (with Sch. 4)
F5: Words in s. 131(3) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(b)(ii) (with Sch. 4)
F6: S. 131(4A) inserted (1.4.2002) by 2000 c. 38, s. 258(1)(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2
F7: Words in s. 131(4A) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(c)(i) (with Sch. 4)
F8: Word in s. 131(4A) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(c)(ii) (with Sch. 4)
F9: S. 131(4B)-(4F) inserted (1.4.2002) by 2000 c. 38, s. 259(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2
F10: Words in s. 131(4B) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(d) (with Sch. 4)
F11: Words in s. 131(4C) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(e)(i) (with Sch. 4)
F12: Words in s. 4C omitted (1.9.2009) by virtue of The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(e)(ii) (with Sch. 4)
F13: Words in s. 131(4D) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(f)(i) (with Sch. 4)
F14: Words in s. 131(4E) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(g)(i) (with Sch. 4)
F15: Words in s. 131(4E) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(g)(i) (with Sch. 4)
F16: Words in s. 131(4E) omitted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(g)(ii) (with Sch. 4)
F17: Words in s. 131(4F) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(h)(i) (with Sch. 4)
F18: Words in s. 131(4F) substituted (1.9.2009) by The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(h)(ii) (with Sch. 4)
F19: S. 131(4G) omitted (1.9.2009) by virtue of The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 4(1), Sch. 1 para. 11(i) (with Sch. 4)
F20: S. 131(5) repealed (1.4.2002) by 2000 c. 38, s. 274, Sch. 31 Pt. V(1); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(2))

Modifications

C1: S. 131 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)