SCHEDULES

SCHEDULE 2GIVING OF FIXED PENALTY NOTICES BY VEHICLE EXAMINERS ETC.

Road Traffic (New Drivers) (Northern Ireland) Order 1998 (NI 7)

23.

In Article 4 (surrender of licences)–

(a)

in paragraph (3)–

(i)

in sub-paragraph (a)–

(A)

after “Offenders Order” insert “ , retained by a vehicle examiner under that Article ”; and

(B)

for “fixed penalty clerk”, in the second place where it occurs, substitute “ appropriate person ”;

(ii)

in sub-paragraphs (c), (d) and (f), for “fixed penalty clerk” substitute “ appropriate person ”;

(b)

in paragraph (4)–

(i)

omit “, the fixed penalty clerk”;

(ii)

in sub-paragraph (a), insert at the beginning “ the appropriate person ”; and

(iii)

in sub-paragraph (b), insert at the beginning “unless the appropriate person is the Department, he”;

(c)

in paragraph (5), omit “by the fixed penalty clerk”;

(d)

after paragraph (6) insert–

“(7)

In this Article and Article 5–

“the appropriate person”, in relation to a fixed penalty notice, means–

(a)

if it was given by a constable or an authorised person, the fixed penalty clerk; and

(b)

if it was given by a vehicle examiner or the Department, the Department; and

“the appropriate person”, in relation to a conditional offer, means–

(a)

where the conditional offer was issued under Article 80(1) of the Offenders Order, the fixed penalty clerk; and

(b)

where it was issued under paragraph (1A) of that Article, the Department.”.