Crime (International Co-operation) Act 2003 (c. 32)

Part 3 U.K. Road traffic

Modifications etc. (not altering text)

C1 Pt. 3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Chapter 1 U.K. [F1 Mutual recognition of driving disqualification in UK and Republic of Ireland]

Textual Amendments

F1 Pt. 3 Ch. 1 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(2), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Production of licence U.K.

63 Production of licence: Great Britain U.K.

(1) A person who—

(a) is given a notice under section 57 by the Secretary of State, and

(b) is the holder of a licence,

must deliver his licence F2 ... to the Secretary of State before the end of the period of 21 days beginning with the day on which the notice is given.

(2) The Secretary of State may make regulations substituting a longer period for the period for the time being mentioned in subsection (1).

(3) If—

(a) a person delivers a current receipt for his licence F2 ... to the Secretary of State within the period for the time being mentioned in subsection (1), and

(b) on the return of his licence F2 ... immediately delivers [F3 it] to the Secretary of State,

the duty under subsection (1) is to be taken as satisfied.

• “Receipt” means a receipt issued under section 56 of the Road Traffic Offenders Act 1988 (c. 53).

(4) Subsection (1) does not apply if [F4 the competent authority of the Republic of Ireland or the Department] —

(a) has the licence F2 ... , or

(b) has delivered [F3 it] to the Secretary of State.

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If the holder of a licence does not deliver his licence F2 ... to the Secretary of State as required by subsection (1), he is guilty of an offence.

(7) A person is not guilty of an offence under subsection (6) if he satisfies the court that he has applied for a new licence and has not received it.

F6 ...

(8) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) “Licence” means a Great Britain licence, a Northern Ireland licence or a Community licence.

Textual Amendments

F2 Words in s. 63 repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 75(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

F3 Words in s. 63(3)(b)(4)(b) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 75(3); S.I. 2015/560, art. 3 (with arts. 4-9)

F4 Words in s. 63(4) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 8(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F5 S. 63(5) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 8(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F6 Words in s. 63(7) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 75(4), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)

Commencement Information

I1 S. 63 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)

64 Production of licence: Northern Ireland U.K.

(1) A person who—

(a) is given a notice under section 57 by the Department, and

(b) is the holder of a licence,

must deliver his licence and its counterpart to the Department before the end of the period of 21 days beginning with the day on which the notice is given.

(2) The Department may make regulations substituting a longer period for the period for the time being mentioned in subsection (1).

(3) If—

(a) a person delivers a current receipt for his licence and its counterpart to the Department within the period for the time being mentioned in subsection (1), and

(b) on the return of his licence and its counterpart immediately delivers them to the Department,

the duty under subsection (1) is to be taken as satisfied.

• “Receipt” means a receipt issued under Article 62 of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).

(4) Subsection (1) does not apply if [F7 the competent authority of the Republic of Ireland or the Secretary of State] —

(a) has the licence and its counterpart, or

(b) has delivered them to the Department.

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If the holder of a licence does not deliver his licence and its counterpart to the Department as required by subsection (1), he is guilty of an offence.

(7) A person is not guilty of an offence under subsection (6) if he satisfies the court that he has applied for a new licence and has not received it.

In relation to the holder of a Great Britain licence or Community licence, a new licence includes the counterpart of such a licence.

(8) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) “Licence” means a Northern Ireland licence, a Great Britain licence or a Community licence.

Textual Amendments

F7 Words in s. 64(4) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 9(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F8 S. 64(5) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 9(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I2 S. 64 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)

65 Production of licence: Community licence holders U.K.

(1) This section applies where—

(a) the holder of a Community licence is disqualified by virtue of section 57, and

(b) the licence is sent to the Secretary of State or the Department under section 63 or 64.

(2) The Secretary of State or (as the case may be) the Department must send—

(a) the holder’s name and address, and

(b) particulars of the disqualification,

to the licensing authority in the EEA State in respect of which the licence was issued.

(3) But subsection (2) does not apply if the EEA State is [F9 the Republic of Ireland].

(4) The Secretary of State or (as the case may be) the Department must return the licence to the holder—

(a) on the expiry of the relevant period of the disqualification (within the meaning of section 57), or

(b) if earlier, on being satisfied that the holder has left Great Britain or (as the case may be) Northern Ireland and is no longer normally resident there.

(5) But subsection (4) does not apply at any time where—

(a) the Secretary of State or the Department would otherwise be under a duty under paragraph (a) of that subsection to return the licence, and

(b) the holder would not at that time be authorised by virtue of section 99A(1) of the Road Traffic Act 1988 (c. 52) or Article 15A(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)) to drive in Great Britain or Northern Ireland a motor vehicle of any class.

(6) In that case the Secretary of State or (as the case may be) the Department must—

(a) send the licence to the licensing authority in the EEA State in respect of which it was issued, and

(b) explain to that authority the reasons for so doing.

(7) “EEA State” has the same meaning as in Part 3 of the Road Traffic Act 1988.

Textual Amendments

F9 Words in s. 65(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 10 (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement Information

I3 S. 65 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)