Where a person who is the holder of a licence is convicted of an offence involving obligatory F1or discretionary disqualification, and a court proposes to make an order disqualifying him or an order under section 44 of this Act, the court must, unless it has already received F110 it,, require the licence F108... to be produced to it.

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Where a person is convicted of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification, then, subject to the following provisions of this section, the number of penalty points to be attributed to the offence is ten.

For the purposes of subsection (3)(b) above the appropriate number of penalty points for an offence is such number of penalty points as the Secretary of State may by order made by statutory instrument prescribe.

Where a person is convicted (whether on the same occasion or not) of two or more offences committed on the same occasion and involving obligatory endorsement, the total number of penalty points to be attributed to them is the number or highest number that would be attributed on a conviction of one of them (so that if the convictions are on different occasions the number of penalty points to be attributed to the offences on the later occasion or occasions shall be restricted accordingly).

In a case where (apart from this subsection) subsection (4) above would apply to two or more offences, the court may if it thinks fit determine that that subsection shall not apply to the offences (or, where three or more offences are concerned, to any one or more of them).

Where a court makes such a determination it shall state its reasons in open court and, if it is a magistrates’ court, or in Scotland a court of summary jurisdiction, shall cause them to be entered in the register (in Scotland, record) of its proceedings.

Where the Secretary of State exercises his power under subsection (7) above by substituting or adding a number which appears together with the words “(fixed penalty)”, that number shall not exceed the lowest number in the range shown in the same entry.

Before making any order under subsection (3A) above the Secretary of State must consult with such representative organisations as he thinks fit.

No order shall be made under F60this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.

If any of the offences was committed more than three years before another, the penalty points in respect of that offence shall not be added to those in respect of the other.

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This section has effect notwithstanding anything in F16section 166(1) to (6) of the Criminal Procedure (Scotland) Act 1995 (requirements as to notices of penalties and previous convictions).

Where a person is convicted of an offence against a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or regulations made under any such provision, the maximum punishment by way of fine or imprisonment which may be imposed on him is that shown in column 4 against the offence and (where appropriate) the circumstances or the mode of trial there specified.

Any reference in column 4 of that Part to a period of years or months is to be construed as a reference to a term of imprisonment of that duration.

An application under subsection (1) above shall be at the instance of the prosecutor made when he moves for sentence (or, if the person has been remitted for sentence under section 195 of the Criminal Procedure (Scotland) Act 1995) made before sentence is pronounced.

In relation to summary proceedings, the reference in subsection (5) above to a justice includes a reference to the sheriff and to a magistrate.

Part II of the Proceeds of Crime (Scotland) Act 1995 shall not apply in respect of a vehicle in relation to which this section applies.

This section extends to Scotland only.

Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

Where a person is convicted of an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking), the fact that he did not drive the vehicle in question at any particular time or at all shall not be regarded as a special reason for the purposes of subsection (1) above.

For the purposes of subsection (4)(b) above there shall be disregarded any disqualification imposed under section 26 of this Act or F24section 147 of the Powers of Criminal Courts (Sentencing) Act 2000F165or section 164 of the Sentencing Code or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) and any disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence.

Where a person convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc. ) has within the three years immediately preceding the commission of the offence been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to six months.

The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.

In relation to Scotland, references in this section to the court include the F61justice of the peace court.

This section is subject to section 48 of this Act.

But the Secretary of State may by regulations amend subsection (3) above by adding other offences or removing offences.

Where this section applies, the court may make an order that the period of disqualification imposed under section 34 of this Act (“the unreduced period”) shall be reduced if, by the relevant date, the offender satisfactorily completes an approved course specified in the order.

In subsection (5) above—

• “an approved course” means a course approved by the appropriate national authority for the purposes of this section in relation to the description of offence of which the offender is convicted, and

• “the relevant date” means such date, at least two months before the last day of the period of disqualification as reduced by the order, as is specified in the order.

An offender shall be regarded for the purposes of section 34A of this Act as having completed a course satisfactorily if (and only if) a certificate that he has done so is received by the proper officer of the supervising court before the end of the unreduced period.

If a certificate under subsection (1) above is so received before the end of the unreduced period but after the end of the period which would (apart from this subsection) be the reduced period, the reduced period is to be taken to end with the day on which the certificate is so received.

A certificate under subsection (1) above is to be given by the course provider and shall be in such form, and contain such particulars, as may be prescribed by, or determined in accordance with, regulations made by the appropriate national authority.

Where a course provider decides not to give a certificate under subsection (1) above to the offender, he shall give written notice of the decision to the offender as soon as possible, and in any event not later than fourteen days after the date specified in the order as the latest date for completion of the course.

An offender to whom a notice is given under subsection (5) above may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider's decision not to give a certificate under subsection (1) above was contrary to subsection (4) above.

If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

If fourteen days after the date specified in the order as the latest date for completion of the course the course provider has given neither a certificate under subsection (1) above nor a notice under subsection (5) above, the offender may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider is in default.

If the court grants the application, section 34A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

A notice under subsection (5) above shall specify the ground on which it is given; and the appropriate national authority may by regulations make provision as to the form of notices under that subsection and as to the circumstances in which they are to be treated as given.

Where the proper officer of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (6) or (8) above, the proper officer or court must send notice of that fact to the Secretary of State; and the notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

If an application is made to the appropriate national authority for the approval of a course for the purposes of section 34A of this Act, the appropriate national authority must decide whether to grant or refuse the application.

A course may be approved subject to conditions specified by the appropriate national authority.

An approval of a course is for the period specified by the appropriate national authority (which must not exceed seven years), subject to withdrawal of approval.

In sections 34A to 34BA of this Act and this section—

• “appropriate national authority” means (as respects Wales) the National Assembly for Wales and (otherwise) the Secretary of State;

• “course provider”, in relation to a course, means the person by whom it is, or is to be, provided;

• “probationary period” has the meaning given in section 1 of the Road Traffic (New Drivers) Act 1995;

• “proper officer” means—

  1. a

     in relation to a magistrates' court in England and Wales, the designated officer for the court, and

  2. b

     otherwise, the clerk of the court;

• “relevant local court”, in relation to an order under section 34A of this Act in the case of an offender, means—

  1. a

     in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and

  2. b

     in Scotland, the sheriff court for the district where the offender resides or, where the order is made by a stipendiary magistrate and the offender resides within his commission area, the district court for that area; and

• “supervising court”, in relation to an order under section 34A of this Act, means—

  1. a

     in England and Wales, if the Crown Court made the order the Crown Court and otherwise a magistrates' court acting for the same local justice area as the court which made the order, and

  2. b

     in Scotland, the court which made the order.

Any power to make regulations under section 34A, 34B or 34BA of this Act or this section includes power to make different provision for different cases, and to make such incidental or supplementary provision as appears necessary or appropriate.

Any power to make regulations under section 34A, 34B or 34BA of this Act or this section shall be exercisable by statutory instrument.

No regulations shall be made under section 34A of this Act or this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing regulations made under section 34B or 34BA of this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

References in this section to disqualification do not include a disqualification imposed under section 26 of this Act or F29section 147 of the Powers of Criminal Courts (Sentencing) Act 2000F167or section 164 of the Sentencing CodeF30or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975 (offences committed by using vehicles) or a disqualification imposed in respect of an offence of stealing a motor vehicle, an offence under section 12 or 25 of the Theft Act 1968, an offence under section 178 of the Road Traffic Act 1988, or an attempt to commit such an offence.

The preceding provisions of this section shall apply in relation to a conviction of an offence committed by aiding, abetting, counselling, procuring, or inciting to the commission of, an offence involving obligatory disqualification as if the offence were an offence involving discretionary disqualification.

In relation to Scotland, references in this section to the court include the F81justice of the peace court.

This section is subject to section 48 of this Act.

The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

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Subsection (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in section F99243A(3)(a), 244(3)(a) F100... of the Criminal Justice Act 2003 (release of prisoners in certain circumstances) is to be read as a reference to another proportion (“the new proportion”).

An order under subsection (9) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

In this section—

• “amending order” means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence);

• “custodial sentence” has the meaning given by F180section 222 of the Sentencing Code;

• “suspended sentence” has the meaning given by F181section 286 of the Sentencing Code.

In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2).

In this section “custodial sentence” and “suspended sentence” have the same meaning as in section 35A.

The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.

Subsection (8) applies where an amending order provides for a different proportion (“the new proportion”) to be substituted for the proportion of a prisoner's sentence referred to in section 6(4)(a) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”).

The Secretary of State may by order provide that the proportion specified in subsection (4)(b) and (c) of this section is to be read, in the case of a sentence of imprisonment to which the amending order applies, as a reference to the new proportion.

An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

In this section—

• “amending order” means an order made by the Scottish Ministers under section 7 of the 2007 Act;

• “confinement term” has the meaning given by section 210A(2)(a) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”);

• “custody and community prisoner” has the meaning given by section 4 of the 2007 Act;

• “custody part” has the meaning given by section 6(3) of the 2007 Act;

• “extended sentence” has the meaning given by section 210A of the 1995 Act;

• “life prisoner” has the meaning given by section 4 of the 2007 Act;

• “punishment part” has the meaning given by section 4 of the 2007 Act;

• “sentence of imprisonment” includes—

  1. a

     an order for detention in residential accommodation under section 44 of the 1995 Act, and

  2. b

     a sentence of detention under section 205, 207 or 208 of the 1995 Act.

In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment.

If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2).

In this section “sentence of imprisonment” has the same meaning as in section 35C.

Where this subsection applies to a person the court must order him to be disqualified until he passes the appropriate driving test.

Where a person to whom subsection (1) above does not apply is convicted of an offence involving obligatory endorsement, the court may order him to be disqualified until he passes the appropriate driving test (whether or not he has previously passed any test).

In determining whether to make an order under subsection (4) above, the court shall have regard to the safety of road users.

Subject to subsection (9) below, a disqualification by virtue of an order under this section shall be deemed to have expired on production to the Secretary of State of evidence, in such form as may be prescribed by regulations under section 105 of the Road Traffic Act 1988, that the person disqualified has passed the test in question since the order was made.

A disqualification shall be deemed to have expired only in relation to vehicles of such classes as may be prescribed in relation to the test passed by regulations under that section.

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Where a person's driving record is endorsed with particulars of a disqualification under this section, it shall also be endorsed with the particulars of any test of competence to drive that he has passed since the order of disqualification was made.

For the purposes of subsection (11) above, “designated country or territory” means a country or territory designated by order under section 108(2) of the Road Traffic Act 1988 but a test conducted under the law of such a country or territory shall not be regarded as a corresponding test unless a person passing such a test would be entitled to an exchangeable licence as defined in section 108(1) of that Act.

This section is subject to section 48 of this Act.

The power to make an order under subsection (3) above shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

The Secretary of State shall not make an order under subsection (3) above after the end of 2001 if he has not previously made such an order.

Where the holder of a licence is disqualified by an order of a court, the licence shall be treated as being revoked with effect from the beginning of the period of disqualification.

Where the holder of the licence appeals against the order and the disqualification is suspended under section 39 of this Act, the period of disqualification shall be treated for the purpose of subsection (1) above as beginning on the day on which the disqualification ceases to be suspended.

Notwithstanding anything in Part III of the Road Traffic Act 1988, a person disqualified by an order of a court under section F3836 of this Act is (unless he is also disqualified otherwise than by virtue of such an order) entitled to obtain and to hold a provisional licence and to drive a motor vehicle in accordance with the conditions subject to which the provisional licence is granted.

Notwithstanding anything in Part III of the Road Traffic Act 1988, a person who holds a Community licence which authorises that person to drive motor vehicles of a particular class, but who is disqualified by an order of a court under section 36 of this Act, is (unless the person is also disqualified otherwise than by virtue of such an order) entitled to drive a motor vehicle of that class in accordance with the same conditions as if the person were authorised to drive a motor vehicle of that class by a provisional licence.

A person disqualified by an order of a magistrates’ court under section 34 or 35 of this Act may appeal against the order in the same manner as against a conviction.

A person disqualified by an order of a court in Scotland may appeal against the order in the same manner as against a sentence.

Any court in England and Wales (whether a magistrates’ court or another) which makes an order disqualifying a person may, if it thinks fit, suspend the disqualification pending an appeal against the order.

The court by or before which a person disqualified by an order of a court in Scotland was convicted may, if it thinks fit, suspend the disqualification pending an appeal against the order.

Where a court exercises its power under subsection (1) or (2) above, it must send notice of the suspension to the Secretary of State.

The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.

Where a person ordered to be disqualified makes an application in respect of the decision of the court in question under section 111 of the M5Magistrates’ Courts Act 1980 (statement of case by magistrates’ court) or section 28 of the F79Senior Courts Act 1981 (statement of case by Crown Court) the High Court may, if it thinks fit, suspend the disqualification.

Any power of a court under the preceding provisions of this section to suspend the disqualification of any person is a power to do so on such terms as the court thinks fit.

Where, by virtue of this section, a court suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.

The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.

Where a person ordered to be disqualified appeals F144..., whether on appeal against a summary conviction or a conviction on indictment or his sentence, the court F145hearing the appeal may, if it thinks fit, suspend the disqualification on such terms as it thinks fit.

The powers conferred by this subsection on the court may be exercised by any single judge of the court.

Where the court hearing the appeal is the Sheriff Appeal Court, the reference in subsection (2) to a single judge of the court is a reference to an Appeal Sheriff.

Where, by virtue of this section, the F146court hearing the appeal suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.

The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.

Where a person makes an application to a court under section 34B of this Act, the court may suspend the disqualification to which the application relates pending the determination of the application.

Where a court exercises its power under subsection (1) above it must send notice of the suspension to the Secretary of State.

The notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

Subject to the provisions of this section, a person who by an order of a court is disqualified may apply to the court by which the order was made to remove the disqualification.

Where an application under subsection (1) above is refused, a further application under that subsection shall not be entertained if made within three months after the date of the refusal.

F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If the disqualification was imposed in respect of an offence involving obligatory endorsement, the Secretary of State must, on receiving notice of an order under subsection F124(5)(a) above, make any necessary adjustments to the endorsements on the person's driving record to reflect the order.

A notice under subsection F125(5)(a) above must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

The preceding provisions of this section shall not apply where the disqualification was imposed by order under section 36(1) of this Act.

Where the court does not order the person convicted to be disqualified, it need not make an order under subsection (1) above if for special reasons it thinks fit not to do so.

In relation to Scotland, references in this section to the court include the F82justice of the peace court.

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This section is subject to section 48 of this Act.

Where the court orders the endorsement of a person's driving record with any particulars or penalty points it must send notice of the order to the Secretary of State.

On receiving the notice, the Secretary of State must endorse those particulars or penalty points on the person's driving record.

A notice sent by the court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may require.

An order that any particulars or penalty points are to be endorsed on a person's driving record shall operate as an order that his driving record is to be so endorsed until the end of the period for which the endorsement remains effective.

At the end of the period for which the endorsement remains effective the Secretary of State must remove the endorsement from the person's driving record.

In any case where a court exercises its power under section 34, 35 or 44 of this Act not to order any disqualification or endorsement or to order disqualification for a shorter period than would otherwise be required, it must state the grounds for doing so in open court and, if it is a magistrates’ court or, in Scotland, a court of summary jurisdiction, must cause them to be entered in the register (in Scotland, record) of its proceedings.

Where a court orders the endorsement of a person's driving record it may, and where a court orders a person to be disqualified for a period of 56 days or more F162 (disregarding any extension period) it must, send any licence of the person that is produced to the court, to the Secretary of State.

Subsection (2) above is subject to section 2(2) of and paragraph 7(2) of Schedule 1 to the Road Traffic (New Drivers) Act 1995 (obligation of court to send licence F130... to the Secretary of State).

Where on an appeal against F47an order for the endorsement of F131...F78 a driving record or the disqualification of a person the appeal is allowed, the court by which the appeal is allowed must send notice of that fact to the Secretary of State.

On receiving such a notice F132... the Secretary of State must make any necessary adjustments to the endorsements on the person's driving record to reflect the outcome of the appeal.

A notice sent by a court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine, and a licence F133... so sent in pursuance of this section must be sent to such address as the Secretary of State may determine.

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This section applies where in dealing with a person convicted of an offence involving obligatory endorsement a court was deceived regarding any circumstances that were or might have been taken into account in deciding whether or for how long to disqualify him.