Road Traffic Offenders Act 1988

F1 34C Provisions supplementary to sections 34A and 34B. E+W+S

(1) The Secretary of State may issue guidance to course organisers, or to any category of course organiser as to the conduct of courses approved for the purposes of section 34A of this Act; and—

(a) course organisers shall have regard to any guidance given to them under this subsection, and

(b) in determining for the purposes of section 34B(6) whether any instructions or requirements of an organiser were reasonable, a court shall have regard to any guidance given to him under this subsection.

(2) In sections 34A and 34B and this section—

• “course organiser”, in relation to a course, means the person who, in accordance with regulations made by the Secretary of State, is responsible for giving the certificates mentioned in section 34B(1) in respect of the completion of the course;

• F2 . . .

• [F3 “proper officer” means—

  (a)

  in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court, and

  (b)

  in relation to a sheriff court in Scotland, the clerk of the court;]

• “supervising court”, in relation to an order under section 34A, means—

  (a)

  in England and Wales, a magistrates’ court acting for the petty sessions area named in the order as the area where the offender resides or will reside;

  (b)

  in Scotland, the sheriff court [F4 or the justice of the peace court for the district where the offender resides or will reside],

  F5 . . .

(3) Any power to make regulations under section 34B or this section—

(a) includes power to make different provision for different cases, and to make such incidental or supplemental provision as appears to the Secretary of State to be necessary or expedient;

(b) shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Ss. 34A-34C inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 30; S.I. 1992/1286, art. 2, Sch. (with art. 6(5))

F2 S. 34C: Definition of “petty sessions area” repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 para. 7(2), Sch. 14 para. 36(9))

F3 S. 34C: Definition of “proper officer” inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 146 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F4 Words in s. 34C(2) substituted (S.) (10.3.2008 for specified purposes, 2.6.2008 for specified purposes, 8.12.2008 for specified purposes, 23.2.2009 for specified purposes, 14.12.2009 for specified purposes, 22.2.2010 in so far as not already in force) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 7(c); S.S.I. 2008/42, art. 3, sch.; S.S.I. 2008/192, art. 3, sch.; S.S.I. 2008/329, art. 3, sch.; S.S.I. 2008/362, art. 3, sch.; S.S.I. 2009/432, art. 3, sch. 1, sch. 2

F5 Words in s. 34C repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 paras. 7(2), (36)); S.I. 2001/916, art. 2(c)(ii) (with Sch. 2 para. 2)

Modifications etc. (not altering text)

C1 Ss. 34 - 48: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch. (with art. 6(5)))

C2 S. 34C: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1