SCHEDULE 3Amendments for the purpose of, and in connection with, implementing the EEA EFTA free trade agreement
PART 7Amendments in relation to professions in transport
Amendments to the Road Traffic (Northern Ireland) Order 2007I195
1
The Road Traffic (Northern Ireland) Order 200798 is amended as follows.
2
In Article 2(2) (interpretation), before the definition of “statutory provision”, insert—
“the Regulations of 2023” means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;
3
In Article 52 (conditions of registration)—
a
for paragraph (2A), substitute—
2A
Where the Registrar is satisfied that a person who has applied under paragraph (1) is entitled to give paid driving instruction of any description by virtue of Part 2 of the Regulations of 2023, any condition prescribed by virtue of paragraph (2)(a) which relates to that description of driving instruction does not apply in relation to the applicant.
b
omit paragraph (2B).
4
In Article 59 (appeals to the Department) before paragraph (1), insert—
A1
A person who is entitled to give paid driving instruction of any description by virtue of Part 2 of the Regulations of 2023 and who is aggrieved by the failure of the Registrar—
a
to make a decision in relation to an application for registration of the person before the end of the period of four months beginning with the day after the day on which the complete application was submitted; or
b
to make a decision in relation to an application for the extension of the person’s registration before the end of the period of four months beginning with the day after the day on which the complete application was submitted,
may appeal by notice in writing to the Department.
B1
On an appeal under paragraph (A1), the Department may direct the Registrar to make a decision in relation to the application.
5
In Article 75 (fees), after paragraph (2), insert—
3
The power to make regulations under paragraph (1) is, in the case of fees payable by persons entitled to give paid driving instruction of any description by virtue of Part 2 of the Regulations of 2023, subject to regulation 13 of those Regulations.