| VI,
on behalf of the Secretary of State for Transport has
the discretionary power to take disciplinary action against
an AE, including withdrawal of authorisation.
When
the AE is a sole trader the responsibility for taking
action to ensure that the authorisation is operated
in accordance with the Secretary of State's requirements
and the penalties for failure to do so falls on that
person. With partnerships and companies, however, individuals
must ensure correct operation of testing. The responsibility
therefore falls not only on the company or partnership
but also on the following individuals:
in the case of the company, all the officers of the
company and any other person duly authorised by the
company to sign applications or similar documentation
relating to authorisation.
in the case of a partnership, each partner and any other
person 'duly authorised' by the partnership to sign
applications and other similar documents relating to
the authorisation.
Where
the constitution or administration of a business changes,
and the individual AE or one or more partners or directors
or officers of the company continue under the new entity,
any records - including those of disciplinary matters
- will continue to be regarded as relevant to the reconstituted
business. Similarly if any individual AE, partner or
director or officer of a company takes up an equivalent
role with another AE, any existing records (again including
disciplinary ones) will be regarded as relevant to the
new AE.
When
shortcomings are found either in testing or in operation
of testing scheme VI will take action according to the
circumstances. For minor shortcomings this will usually
consist of advice or counselling, but for more serious
cases (or repeated minor shortcomings) more formal disciplinary
action may be considered.
The
Secretary of State has absolute discretion to disqualify
NTs from testing and to withdraw the authorisation of
the AEs. These functions are carried out on behalf of
the Secretary of State by VI.
VI
reserves the right to modify the points or actions of
disciplinary procedure that it follows. VI will tell
all registered AEs about any such modifications through
Special Notices or by amended pages being produced.
For
full details on VI's disciplinary process please refer
to the MOT Testing Guide 5th Edition.
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