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46.—(1) For the purposes of this Part persons may carry on business in the provision of driving instruction in any way, including in particular–
(a)by giving instruction themselves;
(b)by arranging for the giving of driving instruction by their employees; or
(c)by arranging for the giving of driving instruction by persons who are franchisees under driving instruction franchises under which they are the franchisor.
(2) In this Part “a driving instruction franchise” is an agreement under which one party (“the franchisor”) grants to another party (“a franchisee”) rights consisting of or including the right to use a particular trading name, style or design in the carrying on of business in the giving of driving instruction.
(3) In this Part references to “the franchisor” and “a franchisee”, in relation to a driving instruction franchise, shall be construed accordingly.
(4) In this Part “current”, in relation to a licence or certificate, means one which has not expired and has not been cancelled, revoked or suspended.
(5) In this Part–
(a)“Community licence” and “counterpart”, in relation to a Community licence;
(b)“provisional licence”; and
(c)“motor vehicle”;
have the same meanings as in the Order of 1981.
(6) In this Part–
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Department.
47. The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part listed in the right-hand column in relation to those expressions.
Expression | Relevant provision |
---|---|
Appropriate motor vehicle | Article 53(13) |
Carry on business in the provision of driving instruction | Article 46(1) |
Community licence and counterpart | Article 46(5) |
Current (in relation to a licence or certificate) | Article 46(4) |
Disability, prospective disability and relevant disability | Article 53(13) |
Disabled person’s limited driving licence | Article 53(13) |
Driving instruction | Article 48(3) |
Driving instruction franchise (and franchisor and franchisee) | Article 46(2) and (3) |
Emergency control assessment and emergency control certificate | Article 53(13) |
Modifications, in relation to a motor vehicle | Article 53(13) |
Paid instruction | Article 48(5) and (6) |
Prescribed | Article 46(6) |
Provisional licence | Article 46(5) |
Registered and registration | Article 48(7) |
The register | Article 48(8) |
Registered disabled instructor | Article 53(13) |
The Registrar | Article 51(2) |
Regulations | Article 46(6) |
Relevant instructor examination | Article 63(2) |
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