s.126Removal of names from Driving Instructors' Register
126
Section 126Part 9 — Driving Instructors

Removal of names from Driving Instructors' Register

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The Director may remove the name of a person from the Driving Instructors' Register if that Director is satisfied that — (a) where that person's name has not been retained in the Driving Instructors' Register under section 125, at any time since the entry of that person's name was made; and (b) where that person's name has been retained under that section, at any time since it was last retained, any of the following has happened — (i) that that person did not hold the kind of current driving licence mentioned in section 123(2)(b); (ii) that that person refused to undergo a test referred to in section 123(4); (iii) that that person failed to pass that test; or (iv) that that person ceased to be a fit person to have that person's name included in the Driving Instructors' Register.
where that person's name has not been retained in the Driving Instructors' Register under section 125, at any time since the entry of that person's name was made; and
where that person's name has been retained under that section, at any time since it was last retained, any of the following has happened —
that that person did not hold the kind of current driving licence mentioned in section 123(2)(b);
that that person refused to undergo a test referred to in section 123(4);
that that person failed to pass that test; or
that that person ceased to be a fit person to have that person's name included in the Driving Instructors' Register.
The Director may remove the name of a person from the Driving Instructors' Register if the entry or retention of that person's name there was made by mistake or procured by fraud.
Before removing the name of a driving instructor from the Driving Instructors' Register under this section, the Director shall give that person written notice stating that that Director is considering the removal and giving particulars of the grounds on which that Director is considering removal.
Where the Director gives notice to a person under subsection (3) — (a) that person may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed removal; (b) the Director shall not decide to remove that person's name from the Driving Instructors' Register until after the expiration of that period; and (c) before deciding whether or not to remove that person's name from the Driving Instructors' Register, the Director shall take into consideration any representations made by that person within that period.
that person may, within the period of twenty-eight days beginning with the day on which the notice is given, make representations with respect to the proposed removal;
the Director shall not decide to remove that person's name from the Driving Instructors' Register until after the expiration of that period; and
before deciding whether or not to remove that person's name from the Driving Instructors' Register, the Director shall take into consideration any representations made by that person within that period.
The Director shall, on making a decision to remove a name from the Driving Instructors' Register, give notice in writing of the decision to the person concerned.
A decision to remove a name from the Driving Instructors' Register shall take effect — (a) where no appeal under this Part is brought against the decision within the time limited for the appeal, on the expiration of that time; (b) where an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or (c) where an appeal is brought and not withdrawn or struck out for want of prosecution, when the appeal is dismissed.
where no appeal under this Part is brought against the decision within the time limited for the appeal, on the expiration of that time;
where an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or
where an appeal is brought and not withdrawn or struck out for want of prosecution, when the appeal is dismissed.

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