Police, Crime, Sentencing and Courts Act 2022

6 (1) Schedule 1 (newly qualified drivers holding test certificates) is amended as follows. E+W+S

(2) Omit—

(a) paragraph 1(2A);

(b) paragraph 2(1);

(c) paragraph 3 and the heading before it;

(d) paragraph 4 and the italic heading before it.

(3) In paragraph 5—

(a) for sub-paragraph (1) substitute—

“(1) Where—

(a) there is a person to whom this Part of this Schedule applies,

(b) the person satisfies the conditions in section 2(1)(b) to (da) and (f) or (3)(a) to (d) and (f),

(c) the Secretary of State is satisfied that the person has been issued with a test certificate, and

(d) the person’s driving record, licence or test certificate shows the date on which the person became a qualified driver,

the Secretary of State must by notice served on the person revoke the person’s test certificate and this sub-paragraph applies to the person instead of section 3(1).”;

(b) omit sub-paragraph (1ZA);

(c) in sub-paragraph (1A)—

(i) omit “or (1ZA)”;

(ii) after “with” insert “, if the Secretary of State is already in receipt of it,”;

(d) in sub-paragraph (1B), omit “or (1ZA)”.

(4) After paragraph 5 insert—

“Surrender of test certificate

5A (1) Where—

(a) the Secretary of State is required under paragraph 5(1) or (1B) to serve a notice on a person revoking the person’s test certificate, and

(b) the Secretary of State is not already in receipt of the test certificate,

the notice may also require the person to surrender the test certificate to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.

(2) A person who, without reasonable excuse, fails to comply with a requirement imposed under sub-paragraph (1)—

(a) is guilty of an offence, and

(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where the Secretary of State receives a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.”

(5) In paragraph 6(1), omit “or (1ZA)”.

(6) Omit paragraph 7 and the italic heading before it.

(7) In paragraph 8—

(a) for sub-paragraph (1) substitute—

“(1) Where—

(a) there is a person to whom this Part of this Schedule applies,

(b) the person satisfies the conditions in section 2(1)(b) to (da) and (f) or (3)(a) to (d) and (f),

(c) the Secretary of State is satisfied that the person has been issued with a test certificate, and

(d) the person’s driving record, licence or test certificate shows the date on which the person became a qualified driver,

the Secretary of State must by notice served on the person revoke the person’s licence and test certificate and this sub-paragraph applies to the person instead of section 3(1).”;

(b) omit sub-paragraph (1ZA);

(c) in sub-paragraph (1A)—

(i) omit “or (1ZA)”, and

(ii) for “the Northern Ireland licence and the Northern Ireland test certificate” substitute “—

(a) if the Secretary of State is already in receipt of it, the Northern Ireland licence, and

(b) if the Secretary of State is already in receipt of it, the Northern Ireland test certificate.”;

(d) in sub-paragraph (1B), omit “or (1ZA)”.

(8) After paragraph 8 insert—

“Surrender of licence and test certificate

8A (1) Where—

(a) the Secretary of State is required under paragraph 8(1) or (1B) to serve a notice on a person revoking the person’s licence and test certificate, and

(b) the Secretary of State is not already in receipt of the licence or test certificate,

the notice may also require the person to surrender the licence, or test certificate, or both (as the case may be) to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.

(2) A person who, without reasonable excuse, fails to comply with a requirement imposed under sub-paragraph (1)—

(a) is guilty of an offence, and

(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where the Secretary of State receives a Northern Ireland licence or a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.”

(9) In paragraph 9(1), omit “or (1ZA)”.

(10) In paragraph 10(a), omit “or (1ZA)” in both places.

Commencement Information

I1 Sch. 9 para. 6 not in force at Royal Assent, see s. 208(1)

I2 Sch. 9 para. 6 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)