The Motor Vehicles (Driving Licences) Regulations 1999

Persons by whom theory tests may be conductedE+W+S

23.—(1) [F1Subject to paragraph (8A).] A theory test other than a test conducted in the circumstances specified in paragraph (2) may be conducted by—

(a)a person appointed in writing by the Secretary of State—

(i)for the purpose of testing a class of persons specified in the instrument of appointment, or

(ii)where no class of persons is specified, for the purpose of testing persons generally;

(b)a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department;

[F2(c)a person appointed by a chief officer of police, for the purpose of testing—

(i)members of a police force, and

(ii)persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;]

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(da)in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]

[F5(da)in England or Wales, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;]

[F6(db)in Scotland, a person appointed by [F7any relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))] [F7the Scottish Fire and Rescue Service] for the purpose of testing employees of [F8any relevant authority] [F8that Service];]

[F9(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, 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;]

(e)an eligible person appointed by a company which—

(i)has been approved by the Secretary of State, and

(ii)is the holder of a PSV operator’s licence,

for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of passenger-carrying vehicles[F10, or

(f)an eligible person appointed by a company which—

(i)has been approved by the Secretary of State, and

(ii)is the holder of a goods vehicle operator’s licence,

for the purpose of conducting, in respect of eligible candidates, theory tests in respect of any class of goods vehicles.]

[F11(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.]

(2) Where the person submitting himself for a test is disqualified until he passes the appropriate driving test, a theory test shall be conducted by—

(a)a person appointed by the Secretary of State for the purpose;

(b)a person who, or a member of a class of persons which, has been appointed by the Secretary of State for Defence, for the purpose of testing members of the armed forces of the Crown and persons in the public service of the Crown under his department.

(3) No person shall be eligible to appoint any person or class of persons to conduct theory tests under the provisions of [F12sub-paragraphs (b), (c), (da), (db), [F13(dc), (dd),] (e) or (f) of paragraph (1)] or under paragraph (2)(b) unless, following an application made to him for the purpose of any of those sub-paragraphs, the Secretary of State is satisfied that—

(a)proper arrangements will be made by the applicant, for the conduct of tests in accordance with these Regulations; and

(b)proper records of such tests and the results thereof will be kept by him or them,

and has granted his approval in writing, subject to such conditions as he thinks fit to impose.

[F14(3A) The Secretary of State may vary any conditions imposed under paragraph (3) by notice in writing given to the person to whom the approval was granted.]

(4) In the case of an application made by a chief officer of police for the purposes of sub-paragraph (c) of paragraph (1), the Secretary of State may grant his approval under paragraph (3) in respect of the testing of all the persons mentioned in that sub-paragraph or only in respect of the testing of the persons mentioned in paragraph (i) thereof.

(5) No person or class of persons may be appointed under the provisions of [F15sub-paragraphs (b), (c), (da), (db), [F16(dc), (dd),] (e) or (f) of paragraph (1)] or under paragraph (2)(b) unless the person making the appointment has appointed a person or class of persons to conduct [F17manoeuvres tests or] practical tests under the provisions of regulation 24(1) and the Secretary of State has approved that appointment.

(6) An appointment made under paragraph (1)(a)(ii) may be made subject to such conditions as are, in the opinion of the Secretary of State, reasonably necessary in the general interests of candidates and where an appointed person breaks such a condition the Secretary of State may appoint another person to carry out theory tests in substitution for that person notwithstanding that the first appointment has not been revoked.

(7) A person may not conduct a test prescribed in respect of any category or sub-category of motor vehicle unless he is expressly appointed for the purpose of conducting such a test.

(8) No person or member of a class of persons appointed by virtue of [F18sub-paragraphs (b), (c), (da), (db), [F19(dc), (dd),] (e) or (f) of paragraph (1)] or under paragraph (2)(b) may conduct tests unless the Secretary of State has given his approval in writing to the appointment and such approval shall be granted only if the Secretary of State is satisfied that the person (or, in the case of the appointment of a class of persons, each member of that class) is capable of making a proper assessment of a candidate’s knowledge and understanding of driving theory relating to the category or sub-category of vehicles in respect of which he is appointed to conduct tests.

[F20(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).]

(9) In this regulation and regulation 24—

• [F21“ambulance service NHS trust” or “ambulance service NHS foundation trust” means—

  (i)

  in England, a National Health Service trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

  (ii)

  in Wales, a National Health Service trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;]

• F22“chief officer of police", “police area" and “police authority" have [F23in relation to England and Wales] the meanings given in section 101(1) of the Police Act 1996 ;

• “company" includes a body corporate;

• [F24“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;]

• “eligible candidate" means—

  (i)

  [F25a person who is employed as a driver by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;]

  (ii)

  a person whom any such company as is mentioned in sub-paragraph (i) proposes to employ as a driver;

• [F26“eligible person” means a person employed by the company which holds the PSV licence where paragraph (1)(e) applies, or the goods vehicle operator’s licence where paragraph (1)(f) applies, or by a sister company of that company which holds a licence of the same description, or;]

• [F27“emergency services” means—

  (i)

  a police force, and a reference to employees of a police force includes a reference to members of the force and persons employed by a police authority, local policing body or chief officer of police for the purpose of assisting a police force;

  (ii)

  a fire and rescue authority;

  (iii)

  the Scottish Fire and Rescue Service;

  (iv)

  an ambulance service NHS Trust or ambulance service NHS Foundation Trust;

  (v)

  the Scottish Ambulance Service Board;]

and a company is a sister company of another if either is the holding company of the other or both are wholly-owned subsidiaries of a third within the meaning of section 736 of the M1Companies Act 1985 .

• [F28“goods vehicle operator’s licence” means the holder of an operator’s licence within the meaning of section 58(1) of the Goods Vehicles (Licensing of Operators) Act 1995.]