Road Traffic Offenders Act 1988

Changes over time for: Section 27

Version Superseded: 25/08/2000

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Point in time view as at 01/07/1992. This version of this provision has been superseded.

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Road Traffic Offenders Act 1988, Section 27 is up to date with all changes known to be in force on or before 18 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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27 Production of licence.E+W+S

(1)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 them,], require the licence [F2and its counterpart] to be produced to it.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the holder of the licence has not caused it [F4and its counterpart] to be delivered, or posted it [F4and its counterpart], in accordance with section 7 of this Act and does not produce it [F4and its counterpart] as required [F5under this section or section 44 of the Powers of Criminal Courts Act 1973, or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975]then, unless he satisfies the court that he has applied for a new licence and has not received it—

(a)he is guilty of an offence, and

(b)the licence shall be suspended from the time when its production was required until [F6it and its counterpart are] produced to the court and shall, while suspended, be of no effect.

(4)Subsection (3) above does not apply where the holder of the licence—

(a)has caused a current receipt for the licence [F7and its counterpart] issued under section 56 of this Act to be delivered to the clerk of the court not later than the day before the date appointed for the hearing, or

(b)has posted such a receipt, at such time that in the ordinary course of post it would be delivered not later than that day, in a letter duly addressed to the clerk and either registered or sent by the recorded delivery service, or

(c)surrenders such a receipt to the court at the hearing,

and produces the licence [F8and its counterpart] to the court immediately on [F9their] return.

Textual Amendments

F1Words in s. 27(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 91(2); S.I. 1992/1286, art. 2,Sch.

F2Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(a)

F3S. 27(2) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), ss. 48, 83, Sch. 4 para. 91(3), Sch.8; S.I. 1992/1286, art. 2,Sch.

F4Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(b)

F5Words in s. 27(3) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 91(4); S.I. 1992/1286, art. 2,Sch.

F6Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(b)

F7Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(c)(i)

F8Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(c)(ii)(iii)

F9Word substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(c)(ii)(iii)