10.The existing primary legislation does not refer to "nominated testers", although in practice it is they who carry out most MOT tests. This section puts nominated testers on a statutory basis (see section 1(1)(a)). It also provides for nominated testers and inspectors, whose names are put forward by authorised examiners and designated councils respectively, to be approved by the Secretary of State (see section 1(1)(a) and (b)).
11.Section 1(3) inserts section 45(6A) and (6B) of the Road Traffic Act 1988. Subsection (6A) enables the Secretary of State to provide, or make arrangements for the provision of, courses of instruction in connection with MOT testing, as he does at present under administrative arrangements. It also enables him to charge fees for attendance on such courses. This is a new provision designed to make those who benefit from the courses responsible for paying for them. Subsection (6B) requires the Secretary of State to establish and maintain records relating to MOT tests.
Commentary on Sections Section 1: Tests of satisfactory condition of vehicles