PART IIIN.I.SENTENCE

DisqualificationN.I.

Removal of disqualificationN.I.

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).

Modifications etc. (not altering text)