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Minor And Consequential Amendments

Volume 24: debated on Tuesday 25 May 1982

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I beg to move amendment No. 73, in page 77, line 35, after 'in', insert 'any provision of.

This is a minor technical amendment which makes no difference to the substance of schedule 5. It simply improves the drafting. It amends the definition of "authorised inspector" which paragraph 9(4) of that schedule inserts into the Road Traffic Act 1972.

Amendment agreed to.

I beg to move amendment No. 74, in page 78, line 27, leave out from—driver"' to "`alleged"' in line 28 and insert

`for the word "was" there shall be substituted the word "is",.
This is a technical amendment that alters the amended definition of "driver" in section 5 of the Road Traffic Act 1974. The use of "is" rather than "was" is more appropriate to convey the feeling that the allegation can be a continuing one and consistency with the wording of clause 29(3) is maintained.

Amendment agreed to.

I beg to move amendment No.75, in page 79, line 21, leave out first 'and' and insert `to'.

This amendment merely corrects an error of drafting.

Amendment agreed to.

Amendment made: No. 76, in page 79, line 40, leave out from beginning to end of line 42 and insert—

'In section 9 of the Public Passenger Vehicles Act 1981 (power to prohibit driving of unfit public service vehicles)—(a) in subsection (5), for the words from "the driver" to "public" there shall be substituted the words "any person"; and (b) the following subsection shall be added at the end—'—[Mr. Eyre.]

I beg to move amendment No.77, in page 79, line 44, at end insert—

`16A. In section 52(1)(a) of that Act (fees for grant of licence), for sub-paragraph (ii) there shall be substituted the following subparagraph—"(ii) applications for certificates of initial fitness under section 6 of this Act which are required by regulations to be made to the commissioners and the issue of certificates on such applications;"'.
The purpose of this minor amendment is to ensure that if the initial certification of public service vehicles is undertaken by an authorised body in the private sector, applications and fees for the certification work will go to the authority that does it and not, as at present, to the traffic commissioners. The amendment does not contain any specific reference to the payment of fees to a private sector testing authority, but it makes it clear that the destination of applications and fees can be determines in regulations under the Public Passenger Vehicles Act 1931. That leaves it open for regulations to specify that fees shall be paid to the prescribed authority.

Amendment agreed to.

Amendment made:

No. 78, in page 80, line 1, leave out 'the 1981' and insert `that'.— [Mr. Eyre.]