Citation, commencement and extent

1.—(1) These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2021.

(2) These Regulations come into force on 1st November 2021.

(3) These Regulations extend to England and Wales and Scotland.

Amendments to the Motor Vehicles (Driving Licences) Regulations 1999

2.  The Motor Vehicles (Driving Licences) Regulations 1999( 2) are amended in accordance with regulations 3 to 10.

Amendment of regulation 3

3.  In regulation 3(1) (interpretation)—

(a) after the definition of “extending driving test” insert—

““fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004( 3) ; ”;

(b) in the definition of “fire engine” remove “(as determined under section 1 of the Fire and Rescue Services Act 2004)”.

Amendment of regulation 23

4.  In regulation 23 (persons by whom theory tests may be conducted)—

(a) after paragraph (1)(db) insert—

“(dc) in England or Wales, a person appointed by any ambulance service NHS trust, or ambulance service NHS foundation trust, for the purpose of testing employees of any of those trusts;

(dd) in Scotland, a person appointed by the Scottish Ambulance Service Board( 4) , for the purpose of testing employees of that Board;

(de) a person who, or a member of a class of persons which—

(i) has been appointed to conduct theory tests under sub-paragraph (b) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing employees of one or more emergency services;

(df) a person who—

(i) is appointed to conduct theory tests under any one of sub-paragraphs (c) to (dd) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing either or both—

(aa) defence personnel;

(bb) employees of one or more other emergency services; ”;

(b) after paragraph (1) insert—

“(1A)  The Secretary of State may grant approval under paragraph (1)(de)(ii) or (df)(ii) subject to such conditions as the Secretary of State thinks fit and may vary any such conditions by notice in writing given to the person to whom the approval was granted. ”;

(c) in paragraphs (3), (5) and (8) after “(db),” insert “(dc), (dd),”;

(d) for paragraph (8A) substitute—

“(8A)  The following persons may not conduct a theory test within the meaning of regulation 3A(1)(ab)—

(a) a person appointed under paragraph (1)(da), (db), (dc), (dd), (e) or (f);

(b) a person to whom paragraph 1(df) applies on grounds that included prior appointment under paragraph 1(da) to (dd). ”;

(e) in paragraph (9)—

(i) before the definition of “chief officer of police” insert—

““ambulance service NHS trust” or “ambulance service NHS foundation trust” means—

(ii) after the definition of “company”, insert—

““defence personnel” means members of the armed forces of the Crown and persons in the public service of the Crown under the department of the Secretary of State for Defence; ”;

(iii) after the definition of “eligible person”, insert—

““emergency services” means—

Amendment of regulation 23A

5.  In regulation 23A (supply of and charge for test set), in paragraph (1) after “(db),” insert “(dc), (dd),”.

Amendment of regulation 24

6.  In regulation 24 (persons by whom manoeuvres, practical and unitary tests may be conducted)—

(a) after paragraph (1)(cb) insert—

“(cc) in England or Wales, a person appointed by any ambulance service NHS trust, or ambulance service NHS foundation trust, for the purpose of testing employees of any of those trusts;

(cd) in Scotland, a person appointed by the Scottish Ambulance Service Board for the purpose of testing employees of that Board;

(ce) a person who, or a member of a class of persons which, —

(i) has been appointed to conduct manoeuvres, practical or unitary tests under sub paragraph (b) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing employees of one or more emergency services;

(cf) a person who—

(i) is appointed to conduct manoeuvres, practical or unitary tests under any one of sub paragraphs (ca) to (cd) or (d) of paragraph (1), and

(ii) has the prior written approval of the Secretary of State for the purpose of testing either or both—

(aa) defence personnel;

(bb) employees of one or more other emergency services; ”;

(b) after paragraph (1D) insert—

“(1E)  The Secretary of State may grant approval under paragraph (1)(ce)(ii) or (cf)(ii) subject to such conditions as the Secretary of State thinks fit, and may vary any such conditions by notice in writing given to the person to whom the approval was granted. ”;

(c) in paragraphs (3), (5) and (7) after “(cb)” insert “(cc), (cd),”.

Amendment of regulation 25

7.  In regulation 25 (revocation of authority to conduct tests)—

(a) in paragraph (1)(b)—

(i) after “regulation 23” insert “(1)(de)(ii), (1)(df)(ii),”;

(ii) after “regulation 24” insert “(1)(ce)(ii), (1)(cf)(ii)”;

(b) in paragraph (2), for “23(3) or 24(3)” substitute “23(1)(de)(ii), (1)(df)(ii), (3), 24(1)(ce)(ii), (1)(cf)(ii) or (3)”.

Amendment of regulation 35

8.  In regulation 35(1) (fees in respect of manoeuvres, practical or unitary tests)—

(a) after “(cb),”, insert “(cc), (cd)”;

(b) after “(2)(b)” insert “or approved under regulation 24(1)(ce)(ii) or (cf)(ii)”.

Amendment of regulation 47

9.  In regulation 47(8) (evidence of result of theory test: vehicles other than category C or D) and 47B(8) (large vehicle theory test pass certificates), after “(db),” insert “(dc), (dd), (de), (df),”.

Amendment of regulation 48

10.  In regulation 48(3) (evidence of the result of manoeuvres, practical or unitary test) after “(cb),” insert “(cc), (cd), (ce), (cf),”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations relate to the conduct of theory, manoeuvres, practical and unitary tests for driving licenses in Great Britain. They expand the existing provision, in Part III of the Motor Vehicles (Driving Licences) Regulations 1999 ( S.I. 1999/2864), which enables the police, and the fire and rescue services, to appoint examiners to conduct such tests for the purposes of testing employees of those services.

These Regulations enable the following—

(a) ambulance service NHS trusts and ambulance service NHS foundation trusts, in England and Wales, to appoint invigilators to conduct theory tests and examiners to conduct manoeuvres, practical and unitary tests for their, and each other’s, employees;

(b) the Scottish Ambulance Service Board to appoint invigilators to conduct theory tests and examiners to conduct manoeuvres, practical and unitary tests for their employees;

(c) invigilators of theory tests and examiners of manoeuvres, practical and unitary tests, duly appointed by any of the emergency services (police, fire and rescue, and ambulance), to conduct such tests anywhere in Great Britain, for employees of each other’s services and, or, defence personnel; and

(d) invigilators of theory tests and examiners of manoeuvres, practical and unitary tests, duly appointed by the Secretary of State for Defence, to conduct such tests, anywhere in Great Britain, for employees of one or more emergency services.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside these Regulations on the UK legislation websitewww.legislation.gov.uk.