VOSA process their formal disciplinary procedures against AEs and NTs under Administrative Law, which is a law governing the manner in which VOSA perform their public duty. It sets out rules that should be adhered to by Government Departments, their agencies and other public bodies, such as Local Authorities.
If the VOSA consider that an AE or NT is in breach of MOT testing procedures or administration of the MOT testing scheme and formal disciplinary action is contemplated they must be formally cautioned before being interviewed and informed that they have the right to have a witness present. The witness can be an MOT Consultant, solicitor or a work colleague, the choice is for the interviewee to make.
The law covering the MOT Testing Scheme, which includes the appeals process to the Secretary of State for Transport against VOSA's cessation of an AEs MOT authorisation to examine motor vehicles and cessation of a NTs approval to test them, does not form part of the criminal law process. Therefore VOSA Area Managers and the VOSA MOT Appeals Branch must judge evidence presented on the balance of probability, which is the civil law burden of proof.
This standard of proof will be satisfied if there is enough evidence to lead a reasonable person to think that it is at least more likely than not offences have been committed and there are reasonable grounds to hold that belief.
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