The Road Traffic (New Drivers) (Northern Ireland) Order 1998

Article 13(1).

SCHEDULE 3 CONSEQUENTIAL AMENDMENTS

The Order of 1981

1.  The Order of 1981 shall be amended as follows.

2.—(1) In the provisions mentioned in sub-paragraph (2) after “Article 5” insert “of this Order or Article 6(1) of, or paragraph 6(1) or 9(1) of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998”.

(2) The provisions are—

(a) Article 4(2)(b)(ii) (meaning of “qualifying application” for purposes of exception to requirement that driver must have a licence);

(b) Article 13(1)(d) (person to whom licence must be granted must be a person who is not prevented from obtaining it by Article 5 of the Order).

3.  In Article 174 (false statements in connection with forgery of, and fraudulent use of, documents etc.)—

(a) in paragraph (2) after “any badge,” insert “any document which, in pursuance of Article 5(3), is issued as evidence of the result of a test of competence to drive,”;

(b) in paragraph (3)—

(i) after “provisional licence” insert “or a document issued in pursuance of Article 5(3) as evidence of the result of a test of competence to drive”;

(ii) for “Article 97, 175 or 180” substitute “this Order”.

The Offenders Order

4.  The Offenders Order shall be amended as follows.

5.  In Article 10 (time within which summary proceedings for certain offences must be commenced) in paragraph (3) after sub-paragraph (b) add the following sub-paragraph—

“(c) an offence under paragraph 3(5) of Schedule 1 to the Road Traffic (New Drivers) (Northern Ireland) Order 1998.”.

6.  In Article 52 (supplementary provisions as to disqualifications and endorsements) after paragraph (2) insert the following paragraph—

“(2A) Paragraph (2) is subject to Article 4(2) of, and paragraph 7(2) of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998 (obligation of court to send licence and its counterpart to the Department).”.

7.  In Article 63 (endorsement of licences without hearings) after paragraph (6) add the following paragraph—

“(7) Paragraphs (3) and (4) are subject to Article 4(4)(a) of, and paragraph 7(4)(a) of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998; and the fixed penalty clerk need not comply with paragraph (6) in a case where he sends a person’s licence and its counterpart to the Department under Article 4(4)(b) of, or paragraph 7(4)(b) of Schedule 1 to, that Order.”.

8.  In Article 82 (endorsement where penalty paid) after paragraph (7) add the following paragraph—

“(8) Paragraph (1) is subject to Article 4(4)(a) of, and paragraph 7(4)(a) of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998; and the fixed penalty clerk need not comply with paragraph (5)(a) in a case where he sends a person’s licence and its counterpart to the Department under Article 4(4)(b) of, or paragraph 7(4)(b) of Schedule 1 to, that Order.”.

9.  In Part I of Schedule 1 (prosecution and punishment of offences), in the entry relating to Article 174(2) of the Order of 1981 in column 2 after “badges,” insert “documents issued as evidence of the result of a test of competence to drive,”.

10.  In paragraph 21(4) of Schedule 3 (minor and consequential amendments) after ““Orders”” insert “, where it occurs for the first time,”.