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(1)This section applies where a person is convicted before the Crown Court of an offence punishable on indictment with imprisonment for a term of two years or more or, having been convicted by a magistrates’ court of such an offence, is committed under [F1section 38 of the Magistrates’ Courts Act 1980] to the Crown Court for sentence.
(2)If in a case to which this section applies the Crown Court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question (within the meaning of section 43 of this Act), the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a licence to drive a motor vehicle granted under [F2Part III of the Road Traffic Act 1988].
(3)A court which makes an order under this section disqualifying a person for holding or obtaining any such licence as is mentioned in subsection (2) above shall require him to produce any such licence held by him [F3together with its counterpart]; and—
(a)if he does not produce the licence [F4and its counterpart] as required he shall be guilty of an offence under [F5section 27(3) of the Road Traffic Offenders Act 1988] (failure to produce licence for endorsement); and
(b)if he applies under [F6section 42] of that Act for the disqualification to be removed and the court so orders, [F6subsection (5)] of that section shall not have effect so as to require particulars of the order to be endorsed on [F7the counterpart of] the licence, but the court shall send notice of the order to the Secretary of State and [F6section 47(4) of that Act] (procedure for sending notice to Secretary of State) shall apply to the notice.
Textual Amendments
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 122
F2Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(a)
F3Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which came into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))
F4Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))
F5Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(b)
F6Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(c)
F7Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))
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