The Motor Vehicles (Driving Licences) (Amendment) Regulations 1990

9.  In regulation 25(3) (application of certain enactments to persons who become resident in Great Britain), for sub-paragraphs (a) to (f) there shall be substituted the following sub-paragraphs—

“(a) section 47(2) of the Road Traffic Offenders Act 1988(1) (which relates to the powers and duties of a court when it orders a disqualification or an endorsement) shall apply in relation to the holder of a permit, only where the court has ordered him to be disqualified and as if for the words “send the licence” onwards there were substituted the words “send the permit”, on its being produced to the court, to the Secretary of State who shall keep the permit until the disqualification has expired or been removed or the person entitled to the permit leaves Great Britain and in any case has made a demand in writing for its return to him;

(b) section 7 of the Road Traffic Offenders Act 1988(2) (production of licence and counterpart to court) shall apply as if the references to a licence were references to a permit and as if the words after paragraph (c) thereof were omitted;

(c) section 27(1), (2) and (3) of the Road Traffic Offenders Act 1988(3) (production of licence and counterpart) shall apply as if the references to a licence were references to a permit, but with the omission—

(i) of any reference to the counterpart of a licence,

(ii) in subsection (1) of the words “, before making any order under section 44 of this Act,”, and

(iii) in subsection (3) of the words “, unless he satisfies the Court that he has applied for a new licence and has not received it”;

(d) section 42(5) of the Road Traffic Offenders Act 1988(4) (which relates to the duty of a court when it orders a disqualification to be removed) shall apply in relation to the holder of a permit as if for the words “endorsed on the counterpart of the licence” onwards there were substituted the words “notified to the Secretary of State”;

(e) section 164(1), (6) and (8) of the Road Traffic Act 1988(5) (which authorise a police constable to require the production of a licence and its counterpart) shall apply as if the references to a licence were references to a permit and any reference to a counterpart of a licence were omitted; and

(f) section 173 of the Road Traffic Act 1988(6) (forgery of documents, etc) shall apply as if the reference in paragraph (a) of subsection (2) of that section to any licence under any Part of that Act were a reference to a permit and the reference, in the case of a licence to drive, to any counterpart were omitted.”.

(1)

1988 c. 53; section 47(2) was amended by S.I. 1990/144, Schedule 2, paragraph 13(a).

(2)

Section 7 was amended by S.I. 1990/144, Schedule 2, paragraph 1.

(3)

Section 27 was amended by S.I. 1990/144, Schedule 2, paragraph 3.

(4)

Section 42(5) was amended by S.I. 1990/144, Schedule 2, paragraph 9.

(5)

Section 164 was amended by S.I. 1990/144, Schedule 1, paragraph 9.

(6)

Section 173 was amended by S.I. 1990/144, Schedule 1, paragraph 11.