- Latest available (Revised)
- Point in Time (31/05/2016)
- Original (As made)
Point in time view as at 31/05/2016.
The Road Traffic Offenders (Northern Ireland) Order 1996, Section 47 is up to date with all changes known to be in force on or before 20 October 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
47.—(1) Subject to the provisions of this Article, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.
(2) On any such application the court may, as it thinks proper having regard to—
(a)the character of the person disqualified and his conduct subsequent to the order,
(b)the nature of the offence, and
(c)any other circumstances of the case,
either by order remove the disqualification as from such date as may be specified in the order or refuse the application.
(3) No application shall be made under paragraph (1) for the removal of a disqualification before the expiration of whichever is relevant of the following periods from the date of the order by which the disqualification was imposed, that is—
(a)2 years, if the disqualification is for less than 4 years,
(b)one half of the period of disqualification, if it is for less than 10 years but not less than 4 years,
(c)5 years in any other case;
and in determining the expiration of the period after which under this paragraph a person may apply for the removal of a disqualification, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.
(4) Where an application under paragraph (1) is refused, a further application under that paragraph shall not be entertained if made within 3 months after the date of the refusal.
(5) An application under paragraph (1) shall not be heard except after notice, setting forth the grounds of the application, has been given to the superintendent or chief superintendent of the Royal Ulster Constabulary acting for the division for which the convicting court acts.
(6) If under this Article a court orders a disqualification to be removed, the court—
[F1(a)must–
(i)if particulars of the disqualification were previously endorsed on the counterpart of any licence previously held by the applicant, cause particulars of the order to be endorsed on that counterpart, and
(ii)if particulars of the disqualification were previously endorsed on the driving record of the applicant, send notice of the order to the Department,]
(b)may in any case order the applicant to pay the whole or any part of the costs of the application.
(7) Paragraph [F2(6)(a)(i)] shall apply only where the disqualification was imposed in respect of an offence involving obligatory endorsement; and in any other case the court must send notice of the order made under this Article to the Department.
[F3(7A) If the disqualification was imposed in respect of an offence involving obligatory endorsement, the Department must, on receiving notice of an order under paragraph (6)(a)(ii), make any necessary adjustments to the endorsements on the person's driving record to reflect the order.]
(8) A notice under paragraph [F4(6)(a)(ii) or] (7) must be sent in such manner and to such address, and must contain such particulars, as the Department may determine.
(9) The preceding provisions of this Article shall not apply where the disqualification was imposed by order under Article 41(1).
F1Art. 47(6)(a) substituted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 7(a); S.R. 2010/370, art. 2(2), Sch. Pt. II
F2Words in art. 47(7) substituted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 7(b); S.R. 2010/370, art. 2(2), Sch. Pt. II
F3Art. 47(7A) inserted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 7(c); S.R. 2010/370, art. 2(2), Sch. Pt. II
F4Words in art. 47(8) inserted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 7(d); S.R. 2010/370, art. 2(2), Sch. Pt. II
Modifications etc. (not altering text)
C1Art. 47(6) applied (with modifications) (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 91(5); S.R. 2008/293, art. 2, Sch.
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.