Crime (International Co-operation) Act 2003

77 Endorsement of counterparts issued to Northern Ireland licence holders U.K.

(1) After section 109 of the Road Traffic Act 1988 (c. 52) there is inserted—

“109A Counterparts issued to Northern Ireland licence holders

(1) The Secretary of State may issue to any Northern Ireland licence holder who—

(a) has delivered his Northern Ireland licence to the Secretary of State, and

(b) has provided him with the information specified in, or required under, subsection (3) below (whether or not in pursuance of this section),

a document (referred to in this Part of this Act in relation to a Northern Ireland licence as a “counterpart”).

(2) The counterpart must—

(a) be in such form, and

(b) contain such information,

designed for the endorsement of particulars relating to the Northern Ireland licence as the Secretary of State may determine.

(3) The information referred to in subsection (1) above is—

(a) the name and address (whether in Great Britain or Northern Ireland) of the Northern Ireland licence holder;

(b) his date of birth;

(c) the classes of vehicle which he is authorised by his Northern Ireland licence to drive;

(d) the period of validity of the licence;

(e) whether it was granted in exchange for a licence issued by a state other than an EEA State; and

(f) such other information as the Secretary of State may require for the purposes of the proper exercise of any of his functions under this Part or Part 4 of this Act.

(4) The Secretary of State—

(a) may endorse a Northern Ireland licence delivered to him (whether or not in pursuance of this section) in such manner as he may determine—

(i) with any part of the information specified in, or required under, subsection (3) above; or

(ii) with information providing a means of ascertaining that information or any part of it; and

(b) must return the Northern Ireland licence to the holder.

(5) Subsections (6) to (9), (11) (with the omission of paragraph (a)) and (12) of section 99B of this Act apply for the purposes of this section as if the references to a Community licence were references to a Northern Ireland licence.”

(2) After section 91 of the Road Traffic Offenders Act 1988 (c. 53) there is inserted—

“91ZA Application to Northern Ireland licence holders

(1) The references to a licence in the following provisions of this Act include references to a Northern Ireland licence—

(a) section 7,

(b) section 26(7) and (8) and (9)(b),

(c) section 27,

(d) section 29(1),

(e) section 30,

(f) section 31(1),

(g) section 32,

(h) section 42(5),

(i) section 44(1),

(j) section 46(2),

(k) section 47(2) and (3),

(l) section 48(1) and (2).

(2) Accordingly, the reference in section 27(3)(b) of this Act to the suspension of a licence is to be construed in relation to a Northern Ireland licence holder as a reference to his ceasing to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

(3) The references in sections 26(9)(a) and 27(3) of this Act to a new licence include references to a counterpart of a Northern Ireland licence.

(4) In relation to a Northern Ireland licence holder to whom a counterpart is issued under section 109A of the Road Traffic Act 1988, the references in Part 3 of this Act (except sections 75(12), 76(8) and 77(9)) to a licence include references to a Northern Ireland licence.

(5) Where a court orders the endorsement of the counterpart of any Northern Ireland licence held by a person, it must send notice of the endorsement to the Secretary of State.

(6) The notice must—

(a) be sent in such manner and to such address, and

(b) contain such particulars,

as the Secretary of State may determine.

(7) Where a court orders the holder of a Northern Ireland licence to be disqualified, it must send the Northern Ireland licence and its counterpart (if any), on their being produced to the court, to the Secretary of State.

(8) The licence and its counterpart must be sent to such address as the Secretary of State may determine.

(9) Where—

(a) a notice is sent to the Secretary of State under subsection (5) above, and

(b) the particulars contained in the notice include—

(i) particulars of an offence in respect of which the holder of a Northern Ireland licence is disqualified by an order of a court, and

(ii) particulars of the disqualification,

the Secretary of State must send a notice containing the particulars mentioned in paragraph (b)(i) and (ii) to the licensing authority in Northern Ireland.

91ZB Effect of endorsement on Northern Ireland licence holders

Section 91B applies in relation to Northern Ireland licences as it applies in relation to Community licences.”

Commencement Information

I1 S. 77 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(a)