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Road Traffic (Northern Ireland) Order 1981
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Changes to legislation:
Road Traffic (Northern Ireland) Order 1981, Section 95 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 95:
- Sch. 1 Pt. 1 words inserted by 2016 c. 11 (N.I.) s. 18(2)
- Instrument amended by 1994 c. 22 s. 63 Sch.3 para 17
- Instrument rev. in Pt. by 1994 c. 22 s. 65 Sch.5 Pt II
- art. 5(2ZA)-(2ZD) inserted by 2016 c. 11 (N.I.) s. 16(2)(a)
- art. 5(4A) inserted by 2016 c. 11 (N.I.) s. 16(2)(b)
- art. 5A inserted by 2016 c. 11 (N.I.) s. 17(2)
- art. 13(1)(c)(ia) words repealed by S.I. 2007/916 (N.I.) Sch. 5 para. 4(a)(ii) Sch. 8 Pt. 5
- art. 13B-13C inserted by 2016 c. 11 (N.I.) s. 17(3)
- art. 15ZA inserted by 2016 c. 11 (N.I.) s. 18(1)(c)
- art. 19D(1ZA) (1ZB) inserted by 2016 c. 11 (N.I.) s. 17(4)(b)
- art. 19AB 19AC substituted for art. 19A 19B by 2016 c. 11 (N.I.) s. 19(3)
- art. 174(2A)(da) inserted by 2016 c. 11 (N.I.) s. 17(5)(a)(i)
- art. 174(2AB) inserted by 2016 c. 11 (N.I.) s. 17(5)(b)
- art. 177(1)(ba) inserted by 2016 c. 11 (N.I.) s. 19(4)(b)
- art. 177(1A) inserted by 2016 c. 11 (N.I.) s. 19(4)(c)
- art. 177(3)(4) inserted by 2016 c. 11 (N.I.) s. 19(4)(b)
- art.198 am. (prosp.) by 1997 c. 16 s.18 Sch.3 paras.8(2) 9
- art.198 am. (prosp.) by 1997 c. 16 s.18 Sch.3 paras.8(2) 9
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 Pt. 1 words inserted by 2016 c. 11 (N.I.) s. 18(2)
- art. 5(2ZA)-(2ZD) inserted by 2016 c. 11 (N.I.) s. 16(2)(a)
- art. 5(4A) inserted by 2016 c. 11 (N.I.) s. 16(2)(b)
- art. 5A inserted by 2016 c. 11 (N.I.) s. 17(2)
- art. 13(1)(c)(ia) words repealed by S.I. 2007/916 (N.I.) Sch. 5 para. 4(a)(ii) Sch. 8 Pt. 5
- art. 13B-13C inserted by 2016 c. 11 (N.I.) s. 17(3)
- art. 15ZA inserted by 2016 c. 11 (N.I.) s. 18(1)(c)
- art. 19D(1ZA) (1ZB) inserted by 2016 c. 11 (N.I.) s. 17(4)(b)
- art. 19AB 19AC substituted for art. 19A 19B by 2016 c. 11 (N.I.) s. 19(3)
- art. 174(2A)(da) inserted by 2016 c. 11 (N.I.) s. 17(5)(a)(i)
- art. 174(2AB) inserted by 2016 c. 11 (N.I.) s. 17(5)(b)
- art. 177(1)(ba) inserted by 2016 c. 11 (N.I.) s. 19(4)(b)
- art. 177(1A) inserted by 2016 c. 11 (N.I.) s. 19(4)(c)
- art. 177(3)(4) inserted by 2016 c. 11 (N.I.) s. 19(4)(b)
- art.198 am. (prosp.) by 1997 c. 16 s.18 Sch.3 paras.8(2) 9
- art.198 am. (prosp.) by 1997 c. 16 s.18 Sch.3 paras.8(2) 9
Duty to surrender certificate on cancellation of policy or securityN.I.
95.—(1) Where a certificate has been delivered under Article 92(4) [F1, otherwise than as described in Article 92(4A),] or issued under Article 93(2) and the policy or security to which it relates is cancelled by mutual consent or by virtue of any provision in the policy or security, the person to whom the certificate was delivered shall, within 7 days from the taking effect of the cancellation, surrender the certificate to the person by whom the policy was issued or the certificate was given.
[F2(1A) Where paragraph (1) applies, the person to whom the certificate of insurance was delivered—
(a)may, instead of surrendering the certificate under paragraph (1), transmit to the insurer, by means of an electronic communication to an electronic address specified by the insurer, a statement confirming that the policy to which the certificate relates has ceased to have effect; and
(b)if he does so, is to be treated as having surrendered the certificate.
(1B) Paragraph (1C) applies where—
(a)a certificate is treated, by virtue of Article 92(4A), as having been delivered to a person under that Article; and
(b)the policy to which it relates is cancelled by mutual consent or by virtue of any provision in the policy.
(1C) The person must, within 7 days from the taking effect of the cancellation, either—
(a)transmit to the insurer, by means of an electronic communication to an electronic address specified by the insurer, a statement confirming that the policy to which the certificate relates has ceased to have effect; or
(b)deliver to the insurer a legible printed copy of the certificate endorsed with a statement made and signed by him to that effect.
(1D) A person who transmits a statement or delivers a copy of a certificate of insurance in accordance with paragraph (1C) is to be treated as having surrendered the certificate.
(1E) In this Article, “electronic communication” has the meaning given in the Electronic Communications Act (Northern Ireland) 2001.]
(2) Any person who without reasonable excuse fails to comply with paragraph (1) [F3or (1C)] shall be guilty of an offence under this Order.
F1Words in art. 95(1) inserted (21.3.2011) by Motor Vehicles (Electronic Communication of Certificates of Insurance) Order (Northern Ireland) 2011 (S.R. 2011/23), art. 2(3)(a)
F2Art. 95(1A)-(1E) inserted (21.3.2011) by Motor Vehicles (Electronic Communication of Certificates of Insurance) Order (Northern Ireland) 2011 (S.R. 2011/23), art. 2(3)(b)
F3Words in art. 95(2) inserted (21.3.2011) by Motor Vehicles (Electronic Communication of Certificates of Insurance) Order (Northern Ireland) 2011 (S.R. 2011/23), art. 2(3)(c)
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