Road Traffic Act 1974

10 (1) In section 101, in subsection (4) (licence holder who is prosecuted for an offence involving obligatory endorsement to produce the licence to the court for endorsement) for the words from " and the court" to " for endorsement" there shall be substituted the words " the court shall, before making any order under subsection (1) above, require the licence to be produced to it " and after that subsection there shall be inserted the following subsection—

“(4A) Where a person is convicted of an offence involving obligatory endorsement and his licence is produced to the court, then in determining what order to make in pursuance of the conviction the court may take into consideration particulars of any previous conviction or disqualification endorsed on the licence.”

(2) In subsection (7) of that section (entitlement of person whose licence has been endorsed with any particulars to have a new licence issued free from the particulars) after the words " shall be entitled " there shall be inserted the word " either " and after the words " that subsection" there shall be inserted the words " or, subject to the payment of the prescribed fee and the surrender of any subsisting licence, on an application at any time ".

(3) In the said subsection (7), as it applies in relation to an application for the issue of a new licence made on or after the day appointed under section 22 of this Act for the coming into operation of this sub-paragraph, for the words " three " and " ten " there shall be substituted the words " four " and " eleven ".

(4) At the end of the said section 101 there shall be added the following subsection—

“(8) Nothing in the provisions of sections 15(5) and 31(1) of the Summary Jurisdiction (Scotland) Act 1954 (complaint and previous complaint and previous convictions) shall affect the power of the court under subsection (4A) of this section to take into consideration a previous conviction or disqualification endorsed on the licence of the accused.”