Section 133 Review of examinations.C1

England, Wales and Scotland

(1)

On the application of a person who has F1undergone a relevant examination, or a part of such an examination—

(a)

F2a magistrates' court, or

(b)

in Scotland, the sheriff within whose jurisdiction he resides,

may determine whether F3the examination or part was properly conducted

(2)

If it appears to the court or sheriff F4the examination or part was not properlyconducted, the court or sheriff may order that any fee payable by the applicant in respect of F5the examination or partshall not be paid or, if it has been paid, shall be repaid.

(3)

No appeal shall lie under section 131 of this Act in respect of any matter in respect of which an application may be made to a magistrates’ court or a sheriff under subsection (1) above.

F6(4)

In this section “a relevant examination” means—

(a)

an examination of ability to give instruction in the driving of motor cars,

(b)

a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or

(c)

an emergency control assessment.

Annotations

Textual amendments

F1: Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))
F2: Words in s. 133(1)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 309; S.I. 2005/910, art. 3
F3: Words in s. 133(1) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(2)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))
F4: Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(a); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))
F5: Words in s. 133(2) substituted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(3)(b); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))
F6: S. 133(4) inserted (1.4.2002) by 2000 c. 38, s. 260, Sch. 29 para. 11(1)(4); S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with art. 3(3))

Modifications

C1: S. 133 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)