Criminal Justice and Courts Act 2015

31 Mutual recognition of driving disqualification in UK and Republic of Ireland U.K.

(1) Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU Convention on driving disqualifications) is amended as follows.

(2) For the heading of the Chapter substitute “ Mutual recognition of driving disqualification in UK and Republic of Ireland ”.

(3) In section 54 (application of duty of the UK to give notice of driving disqualification)—

(a) in subsection (1), for paragraph (a) substitute—

“(a) an individual (“the offender”) is convicted of a qualifying UK road traffic offence,

(aa) when convicted, the offender—

(i) is normally resident in the Republic of Ireland, or

(ii) is not normally resident in the Republic of Ireland but holds a Republic of Ireland licence,”, and”

(b) after subsection (1) insert—

“(1A) A qualifying UK road traffic offence is—

(a) an offence under the law of England and Wales or Scotland mentioned in Schedule 3;

(b) an offence under the law of Northern Ireland mentioned in Schedule 3A.”

(4) In section 56(1) (application of duty of the UK to recognise driving disqualification imposed outside the UK), for paragraph (a) substitute—

“(a) an individual (“the offender”) is convicted in the Republic of Ireland of an offence described in Schedule 3B,

(aa) when convicted, the offender—

(i) is normally resident in the United Kingdom, or

(ii) is not normally resident in the United Kingdom but holds a Great Britain licence or a Northern Ireland licence,”.

(5) After section 71 insert—

“71A The specified agreement on driving disqualifications

(1) In this Chapter, “the specified agreement on driving disqualifications” means the agreement specified from time to time by the Secretary of State by regulations for the purposes of this Chapter.

(2) The Secretary of State may only specify an agreement made—

(a) between the United Kingdom and the Republic of Ireland, and

(b) for the purpose of giving effect in one of those States to disqualification from driving imposed in the other on conviction for an offence.

(3) In this section, “disqualification from driving” means disqualification from holding or obtaining a licence to drive a motor vehicle.”

(6) In Schedule 7 to this Act—

(a) Part 1 contains further provision for the purpose of implementing an agreement between the United Kingdom and the Republic of Ireland on the mutual recognition of driving disqualification;

(b) Part 2 contains provision about the transition from the EU Convention on driving disqualification to that agreement.

Commencement Information

I1 S. 31 partly in force at Royal Assent; s. 31(6)(b) in force at Royal Assent, see s. 95(1)(4)

I2 S. 31(1)-(4) in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)

I3 S. 31(5) in force at 23.2.2017 for specified purposes and otherwise in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, arts. 2, 3(2)

I4 S. 31(6)(a) in force at 23.2.2017 for specified purposes and otherwise in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, arts. 2, 3(2)