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The Road Traffic Offenders (Northern Ireland) Order 1996
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Changes to legislation:
The Road Traffic Offenders (Northern Ireland) Order 1996, Section 87 is up to date with all changes known to be in force on or before 14 November 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.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 15(1) power to apply conferred by SI 1981/154 (N.I. 1) Sch. 2A para. 7 (as inserted) by S.I. 2007/916 (N.I.) Sch. 3
- art. 31(3) inserted by S.I. 2007/916 (N.I.) art. 10(2)
- art. 35(1ZA)-(1ZC) inserted by 2016 c. 11 (N.I.) s. 12(2)
- art. 35(3A) inserted by 2016 c. 11 (N.I.) s. 13(2)
- art. 36(3A) inserted by 2009 c. 25 Sch. 21 para. 92(3)(d)
- art. 36(4A) inserted by 2016 c. 11 (N.I.) s. 14(2)
- art. 36(9)(b) word inserted by 2016 c. 11 (N.I.) s. 14(5)(a)
- art. 36(9)(c) word repealed by 2016 c. 11 (N.I.) s. 14(5)(b) Sch. 2
- art. 36(9)(d) repealed by 2016 c. 11 (N.I.) s. 14(5)(c) Sch. 2
- art. 37(2A) inserted by 2009 c. 25 Sch. 21 para. 92(4)(c)
- art. 38A(5A) inserted by 2009 c. 25 Sch. 21 para. 92(5)(c)
- art. 38A(6A) inserted by 2009 c. 25 Sch. 21 para. 92(5)(e)
- art. 42(2A) inserted by 2009 c. 25 Sch. 21 para. 92(7)(c)
- art. 47(3A) inserted by 2009 c. 25 Sch. 21 para. 92(8)(b)
- art. 47(3B) inserted by 2009 c. 25 Sch. 21 para. 92(8)(c)
- art. 52(2ZA) inserted by 2009 c. 25 Sch. 21 para. 92(9)(b)
- art. 54A inserted by 2016 c. 11 (N.I.) s. 15
- art. 59(2A) inserted by 2016 c. 11 (N.I.) s. 8(2)
- art. 59(4) added by 2016 c. 11 (N.I.) s. 8(3)
- art. 59A-59C inserted by 2016 c. 11 (N.I.) s. 9(1)
- art. 63A(7) added by 2016 c. 11 (N.I.) s. 11(1)(d)
- art. 64B inserted by 2016 c. 11 (N.I.) s. 8(5)
Powers of court [F1in cases of deception]N.I.
87.—(1) This Article applies where—
(a)in endorsing the counterpart of any person's licence under Article 63, the fixed penalty clerk [F2or the Department] is deceived as to whether endorsement under that Article is excluded by Article 66(2) by virtue of the fact that the licence holder would be liable to be disqualified under Article 40 if he were convicted of the offence; or
(b)in endorsing the counterpart of any person's licence under Article 82 [F3the appropriate person is deceived as to whether proceedings against the person are excluded by Article 81] by virtue of the fact that the licence holder would be liable to be disqualified under Article 40 if he were convicted of the offence.
[F4(1A) This Article also applies where–
(a)particulars are endorsed on a person's driving record under Article 63A because the fixed penalty clerk or the Department is deceived as to whether endorsement under that Article is excluded by Article 66A(2) by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under Article 40 if he were convicted of the offence, or
(b)particulars are endorsed on a person's driving record under Article 82A because the appropriate person or court is deceived as to whether proceedings against the person are excluded by Article 81 by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under Article 40 if he were convicted of the offence.]
(2) If—
(a)the deception constituted or was due to an offence committed by the [F5person to whom the fixed penalty notice was given or conditional offer was issued], and
(b)the [F6he] is convicted of that offence,
the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under Article 63 [F7or 63A] or, as the case may be, Article 82 [F8or 82A].
F1Words in art. 87 heading 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. 21(a); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F2Words in art. 87(1)(a) 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. 21(b)(i); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F3Words in art. 87(1)(b) 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. 21(b)(ii); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F4Art. 87(1A) 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. 25(a); S.R. 2010/370, art. 2(2), Sch. Pt. II
F5Words in art. 87(2)(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. 25(b)(i); S.R. 2010/370, art. 2(2), Sch. Pt. II
F6Words in art. 87(2)(b) substituted (14.12.2010) by virtue of Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 25(b)(ii); S.R. 2010/370, art. 2(2), Sch. Pt. II
F7Words in art. 87(2) 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. 25(b)(iii); S.R. 2010/370, art. 2(2), Sch. Pt. II
F8Words in art. 87(2) 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. 25(b)(iv); S.R. 2010/370, art. 2(2), Sch. Pt. II
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