Citation and interpretation

1. —(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 1988( 2 );

“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).

Provisions coming into force on 1st April 2002

2. —(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.

Transitional provisions: driving instructors

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(2) Section 131 of, and Schedule 3 to, the 1988 Act as originally enacted shall continue to apply in respect of an appeal against—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

Article 2

SCHEDULE

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

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

PART 2 PROVISIONS 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.