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The Transport Act 2000 (Commencement No. 8 and Transitional Provisions) Order 2002

S.I. 2002/658 · Made 10 March 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TRANSPORT

LONDON GOVERNMENT

Made 10th March 2002

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred upon him by sections 275(1) and (2) and 276 of the Transport Act 2000f1 hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

2000 c. 38.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 1st April 2002
  3. 3Transitional provisions: driving instructors
  4. Signature
  5. Schedule
  6. 1PROVISIONS COMING INTO FORCE ON 1ST APRIL 2002 AS RESPECTS ENGLAND
  7. 2PROVISIONS COMING INTO FORCE ON 1ST APRIL 2002
  8. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Transport Act 2000 (Commencement No. 8 and Transitional Provisions) Order 2002.

(2)

In this Order—

  • “1988 Act” means the Road Traffic Act 1988f1;

  • “Registrar” means the person appointed to compile and maintain the register of approved instructors established under section 23 of the Road Traffic Act 1962 (and continued by virtue of section 125 of the 1988 Act).

2Provisions coming into force on 1st April 2002

(1)

The provisions of the 2000 Act set out in Part 1 of the Schedule hereto shall come into force on 1st April 2002 as respects England.

(2)

The provisions of the 2000 Act set out in Part 2 of the Schedule hereto shall come into force on 1st April 2002.

3Transitional provisions: driving instructors

(1)

Where, on or before 31st March 2002, the Registrar has made any of the following decisions, namely—

(a)

a decision to refuse an application for the retention of a person’s name in the register under section 127 of the 1988 Act,

(b)

a decision to remove a person’s name from the register under section 128 of the 1988 Act, or

(c)

a decision to revoke a licence under section 130 of the 1988 Act,

and that decision has not (by virtue of the enactments then in force) taken effect by that date the decision shall take effect at the time specified in section 127, 128 or 130 of the 1988 Act, as the case may be, as if those enactments had not been amended by the 2000 Act.

(2)

Section 131 of, and Schedule 3 to, the 1988 Act as originally enacted shall continue to apply in respect of an appeal against—

(a)

a decision to which paragraph (1) above applies, and

(b)

a decision made by the Registrar on or before 31st March 2002 to refuse the entry of a person’s name in the register under section 125, 125A or 125B of the 1988 Act.

(3)

Section 260 of the 2000 Act, in so far as it relates to paragraph 11 of Schedule 29, shall not come into force in respect of any—

(a)

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

(b)

emergency control assessment,

which takes place on or before 31st March 2002.

Signature

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

David Jamieson

Parliamentary Under Secretary of State,

Department for Transport, Local Government and the Regions

10th March 2002

1PROVISIONS COMING INTO FORCE ON 1ST APRIL 2002 AS RESPECTS ENGLAND

  • Section 144, in so far as it is not already in force.

2PROVISIONS COMING INTO FORCE ON 1ST APRIL 2002

  • Sections 258 and 259;

  • Section 260, in so far as it relates to paragraphs 7 to 12 of Schedule 29;

  • Section 267, in so far as it is not already in force;

  • Section 274, in so far as it relates to the entries in Part V of Schedule 31 relating to—

    • Section 131(5) of and Schedule 3 to the Road Traffic Act 1988, and

    • Road Traffic (Driver Licensing and Information Systems) Act 1989.

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st April 2002 the following provisions of the Transport Act 2000—

(a)

(as respects England only) those parts of section 144 as are not already in force and which enable provision to be made for, and in connection with, the imposition of penalty charges in respect of contravention of bus lane restrictions on roads in Greater London and the payment, notification, adjudication and enforcement of such charges;

(b)

sections 258 and 259 and section 260, so far as it relates to paragraphs 7 to 12 of Schedule 29, and associated repeals, provisions which amend Part V of the Road Traffic Act 1998 as regards the date when decisions by the Registrar of Approved Driving Instructors come into effect, transfer the function of hearing appeals from decisions of the Registrar from the Secretary of State to the Transport Tribunal and make provision relating to tests of continuing fitness and ability to give driving instruction (“check tests”) and emergency control assessments;

(c)

those parts of section 267 as are not already in force and which amend the Greater London Authority Act 1999 by removing the power of the Mayor to determine appeals brought by applicants for a London service permit and transferring this function to an independent appeals panel.

The Order contains transitional provisions which preserve the provisions of pre-existing legislation in relation to decisions of the Registrar made on or before 31st March 2002 (including provisions about appeals from those decisions) and in relation to check tests and emergency control assessments undertaken on or before that date.