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The Road Traffic Offenders (Northern Ireland) Order 1996, Section 38C is up to date with all changes known to be in force on or before 11 September 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.
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38C.—(1) If an application is made to the Department for the approval of a programme for the purposes of Article 38A, the Department must decide whether to grant or refuse the application.
(2) In reaching that decision the Department must have regard to—
(a)the nature of the programme, and
(b)whether the programme provider is an appropriate person to provide the programme and administer its provision efficiently and effectively,
and may take into account any recommendations made by any persons appointed to consider the application.
(3) A programme may be approved subject to conditions specified by the Department.
(4) An approval of a programme is for the period specified by the Department (which must not exceed 7 years), subject to withdrawal of approval.
(5) Regulations made by the Department may make provision in relation to the approval of programmes and may, in particular, include provision—
(a)in relation to the making of applications for approval,
(b)for the payment in respect of applications for approval, or of approvals, (or of both) of fees of such amounts as are prescribed by the regulations,
(c)specifying the maximum fees that a person may be required to pay for a programme and by when they are to be paid,
(d)for the monitoring of programmes and programme providers,
(e)in relation to withdrawing approval,
(f)for an appeal to lie to a court of summary jurisdiction against a refusal of an application for approval, the imposition of conditions on the grant of such an application or the withdrawal of approval, and
(g)authorising the Department to make available (with or without charge) information about programmes and programme providers.]
F1Arts. 38A-38E inserted (prosp.) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 60(1) (with art. 61)
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