- Latest available (Revised)
- Original (As enacted)
There are multiple versions of this provision on screen. These apply to different geographical extents.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
Road Traffic Offenders Act 1988, Section 46 is up to date with all changes known to be in force on or before 04 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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Notwithstanding anything in [F1section 82(4) of the Sentencing Code] (conviction of offender F2. . . discharged to be disregarded for the purposes of enactments relating to disqualification), a court in England and Wales which on convicting a person of an offence involving obligatory or discretionary disqualification makes—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an order discharging him absolutely or conditionally,
may on that occasion also exercise any power conferred, and must also discharge any duty imposed, on the court by sections 34, 35, 36 [F4, 44 or 44A] of this Act.
(2)A conviction—
(a)in respect of which a court in England and Wales has ordered a person to be disqualified, or
(b)of which particulars have been endorsed on F5... [F6 his driving record],
is to be taken into account, notwithstanding anything in [F7section 82(2) of the Sentencing Code] (conviction of offender F8. . . discharged to be disregarded for the purpose of subsequent proceedings), in determining his liability to punishment or disqualification for any offence involving obligatory or discretionary disqualification committed subsequently.
(3)Where—
(a)a person is charged in Scotland with an offence involving obligatory or discretionary disqualification, and
(b)the court makes an order in respect of the offence under [F9section 228 (probation) or 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995]
then, for the purposes of sections 34, 35, 36, 44 F10[F11... and 45A] of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and [F12section 247 of that Act shall not apply].
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words in s. 46(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 105(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F2Words in s. 46(1) repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, 39:1), ss. 100, 101(2), Sch. 11 para. 38(1), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F3S. 46(1)(a) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 54, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(22), 44(4)(h) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F4Words in s. 46(1) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 11(2); S.I. 2008/3164, art. 4(b)
F5Words in s. 46(2)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 43, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F6Words in s. 46(2)(b) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 11(3); S.I. 2008/3164, art. 4(b)
F7Words in s. 46(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 105(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F8Words in s. 46(2) repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 100, 101(2), Sch. 11 para. 38(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F9Words in s. 46(3)(b) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)(a)
F10Word in s. 46(3) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 3(c)
F11Words in s. 46(3) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 11(4); S.I. 2008/3164, art. 4(b)
F12Words in s. 46 substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)(b)
Modifications etc. (not altering text)
C1S. 46: 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.).
(1)Notwithstanding anything in section 13(3) of the M1Powers of Criminal Courts Act 1973 (conviction of offender placed on probation or discharged to be disregarded for the purposes of enactments relating to disqualification), a court in England and Wales which on convicting a person of an offence involving obligatory or discretionary disqualification makes—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an order discharging him absolutely or conditionally,
may on that occasion also exercise any power conferred, and must also discharge any duty imposed, on the court by sections 34, 35, 36 [F4, 44 or 44A] of this Act.
(2)A conviction—
(a)in respect of which a court in England and Wales has ordered a person to be disqualified, or
(b)of which particulars have been endorsed on F5... [F6 his driving record]
is to be taken into account, notwithstanding anything in section 13(1) of the Powers of Criminal Courts Act 1973 (conviction of offender placed on probation or discharged to be disregarded for the purpose of subsequent proceedings), in determining his liability to punishment or disqualification for any offence involving obligatory or discretionary disqualification committed subsequently.
(3)Where—
(a)a person is charged in Scotland with an offence involving obligatory or discretionary disqualification, and
(b)the court makes an order in respect of the offence under F13[F14... 246(2) or (3) (absolute discharge) of the Criminal Procedure (Scotland) Act 1995]
then, for the purposes of sections 34, 35, 36, 44 F10[F11... and 45A] and 45 of this Act, he shall be treated as if he had been convicted of an offence of the kind in question and [F15section 247 of that Act shall not apply].
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F3S. 46(1)(a) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 54, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(22), 44(4)(h) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F4Words in s. 46(1) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 11(2); S.I. 2008/3164, art. 4(b)
F5Words in s. 46(2)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 43, Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F6Words in s. 46(2)(b) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 11(3); S.I. 2008/3164, art. 4(b)
F10Word in s. 46(3) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 3(c)
F11Words in s. 46(3) substituted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 11(4); S.I. 2008/3164, art. 4(b)
F13Words in s. 46(3)(b) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 37; S.S.I. 2010/413, art. 2, sch. (with art. 3(1))
F14Words in s. 46(3)(b) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)(a)
F15Words in s. 46(7) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 71(7)
Modifications etc. (not altering text)
C2S. 46: 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.).
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: