- Latest available (Revised)
- Point in Time (08/06/2015)
- Original (As enacted)
Version Superseded: 30/11/2022
Point in time view as at 08/06/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Road Traffic Offenders Act 1988, Section 27 is up to date with all changes known to be in force on or before 11 June 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F2 it],], require the licence F3... to be produced to it.
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)If the holder of the licence has not caused it F3... to be delivered, or posted it F3..., in accordance with section 7 of this Act and does not produce it F3... as required [F5under this section or [F6section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000] or section 223A or 436A of the Criminal Procedure (Scotland) Act 1975][F7, or if the holder of the license does not produce it F3...as required by section 40B of the M1Child Support Act 1991, 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 [F8it F3... [F9is produced] to the court and shall, while suspended, be of no effect.
(4)[F10Subsection (3) above does not apply where the holder of the licence—
(a)has caused a current receipt for the licence F3... issued under section 56 of this Act to be delivered to the [F11proper officer] 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 [F11proper officer] 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 F3... to the court immediately on [F12its] return.]
[F13(4A)Subsection (3) does not apply where section 7(1B) applies in relation to the proceedings and the holder of the licence—
(a)has caused a current receipt for the licence issued under section 56 to be delivered to the designated officer specified in the single justice procedure notice within the period described in section 7(1B)(a),
(b)has posted it to that officer within that period in such manner as is described in section 7(1B)(b), or
(c)surrenders such a receipt to the court at the hearing described in section 7(1B)(c),
and produces the licence to the court immediately on its return.]
“proper officer” means—]
(a)in relation to a magistrates’ court in England and Wales, the [F16designated officer] for the court, and
(b)in relation to any other court, the clerk of the court.
[F17“single justice procedure notice” has the same meaning as in section 29 of the Criminal Justice Act 2003.]]]
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.
F2Word in s. 27(1) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 33(3); S.I. 2015/560, art. 3(a) (with arts. 4-9)
F3Words in s. 27 repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 33(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F4S. 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.
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 in s. 27(3) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 120
F7Words in s. 27(3) substituted (2.4.2001) by 2000 c. 19, s. 16(5) (with s. 83(6)); S.I. 2000/3354, art. 2(3)
F8Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 3(b)
F9Words in s. 27(3)(b) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 33(4); S.I. 2015/560, art. 3(a) (with arts. 4-9)
F10S. 27(4) repealed (S.) (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14
F11Words in s. 27(4)(a)(b) substituted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 144(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F12Word in s. 27(4) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 33(5); S.I. 2015/560, art. 3(a) (with arts. 4-9)
F13S. 27(4A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 11(2); S.I. 2015/778, art. 3, Sch. 1 para. 77
F14S. 27(5) inserted (1.4.2001) by 1999 c. 22, s. 90(1), Sch. 13 para. 144(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F15Words in s. 27(5) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 11(3)(a); S.I. 2015/778, art. 3, Sch. 1 para. 77
F16Words in s. 27(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 313; S.I. 2005/910, art. 3(y)
F17Words in s. 27(5) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 11(3)(b); S.I. 2015/778, art. 3, Sch. 1 para. 77
Modifications etc. (not altering text)
C1S. 27: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).
C2S. 27(1)(2) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)
S. 27(1)(3) applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(b)
C3S. 27(3) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)
S. 27(3) applied with modifications (1.1.1998) (EW) by 1997 c. 43, s. 39(5)(b), 40(6); S.I. 1997/2200, art. 3(b)(c) (with art. 5)
C4S. 27(3) extended by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 44(3)(a) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(b) )
S. 27 extended (1.1.1998) by 1997 c. 43, ss. 39(5)(b), 40(6); S.I. 1997/2200, arts. 3(b)(c), 5
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: