Part II Sentence

Disqualification

C137 Effect of order of disqualification.

1

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.

F11A

Where—

a

the disqualification is for a fixed period shorter than 56 days F6(disregarding any extension period) in respect of an offence involving obligatory endorsement, or

b

the order is made under section 26 of this Act,

subsection (1) above shall not prevent the licence from again having effect at the end of the period of disqualification F5(including any extension period).

F41B

In subsection (1A) “extension period” means an extension period added pursuant to—

a

section 35A or 35C,

b

section 248D of the Criminal Procedure (Scotland) Act 1995, or

c

section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 F7or section 166 of the Sentencing Code.

2

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.

C23

Notwithstanding anything in Part III of the Road Traffic Act 1988, a person disqualified by an order of a court under section F236 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.

F34

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.