41 [F1Power of appellate courts in Scotland to suspend disqualification.]E+W+S
(1)This section applies where a person has been convicted by or before a court in Scotland of an offence involving obligatory or discretionary disqualification and has been ordered to be disqualified; and in the following provisions of this section—
(a)any reference to a person ordered to be disqualified is to be construed as a reference to a person so convicted and so ordered to be disqualified, and
(b)any reference to his sentence includes a reference to the order of disqualification and to any other order made on his conviction and, accordingly, any reference to an appeal against his sentence includes a reference to an appeal against any order forming part of his sentence.
(2)Where a person ordered to be disqualified appeals F2..., whether on appeal against a summary conviction or a conviction on indictment or his sentence, the court [F3hearing 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.
[F4(2A)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.]
(3)Where, by virtue of this section, the [F5court hearing the appeal] suspends the disqualification of any person, it must send notice of the suspension to the Secretary of State.
(4)The notice must be sent in such manner and to such address and must contain such particulars as the Secretary of State may determine.
Textual Amendments
F1S. 41 title substituted (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 2(5) (with art. 4)
F2Words in s. 41(2) repealed (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 2(2)(a) (with art. 4)
F3Words in s. 41(2) inserted (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 2(2)(b) (with art. 4)
F4S. 41(2A) inserted (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 2(3) (with art. 4)
F5Words in s. 41(3) substituted (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 2(4) (with art. 4)
Modifications etc. (not altering text)
C1S. 41: 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.).