63.—(1) Subject to paragraph (2), where a person [F2who is the holder of a licence] (referred to in this Article as “the licence holder”) [F3has been given a fixed penalty notice under Article 60 in respect of an offence involving obligatory endorsement,] the counterpart of his licence may be endorsed in accordance with this Article without any order of a court.
(2) The counterpart of a person's licence may not be endorsed under this Article if at the end of the suspended enforcement period—
(a)he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and
(b)the fixed penalty has not been paid in accordance with this Part.
(3) On the payment of the fixed penalty before the end of the suspended enforcement period, the [F4person to whom it is paid] must endorse the relevant particulars on the counterpart of the licence and return it together with the licence to the licence holder.
(4) Where any sum determined by reference to the fixed penalty is registered under Article 76 for enforcement against the licence holder as a fine, the [F5person to whom the fixed penalty is required to be paid] must, on the registration of that sum, endorse the relevant particulars on the counterpart of the licence and return it together with the licence to the licence holder.
(5) References in this Article to the relevant particulars are to—
(a)particulars of the offence, including the date when it was committed, and
(b)the number of penalty points to be attributed to the offence.
(6) [F6Where the endorsement of] the counterpart of a person's licence under this Article [F7is made by the fixed penalty clerk] the fixed penalty clerk must send notice of the endorsement and of the particulars endorsed to the Department.
[F8(7) Paragraphs (3) and (4) are subject to Article 4(4)(a) of , and paragraph 7(4)(a) of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998; and the fixed penalty clerk need not comly with paragraph (6) in a case where he sends a person's licence and its counterpart to the Department under Article 4(4)(b) of, or paragraph 7(4)(b) of Schedule 1 to, that Order.]
F1Word in art. 63 heading 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. 14(a); S.R. 2010/370, art. 2(2), Sch. Pt. II
F2Words in art. 63(1) 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. 14(b); S.R. 2010/370, art. 2(2), Sch. Pt. II
F3Words in art. 63(1) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(a); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F4Words in art. 63(3) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(b); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F5Words in art. 63(4) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(c); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F6Words in art. 63(6) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(d)(i); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F7Words in art. 63(6) inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(d)(ii); S.R. 2010/370, art. 2(1), Sch. Pt. 1