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Road Traffic Offenders Act 1988
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Changes over time for: Section 47
Version Superseded: 30/11/2022
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47 Supplementary provisions as to disqualifications and endorsements.E+W+S
(1)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.
[F1(2)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 [F2 (disregarding any extension period)] it must, send any licence of the person that is produced to the court, to the Secretary of State.]
[F3(2ZA)In subsection (2) “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
[F4(c)section 166 of the Sentencing Code.]]
[F5(2A)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 F6... to the Secretary of State).]
(3)Where on an appeal against [F7an order for the endorsement of F8...[F9 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.
[F10(3A)On receiving such a notice F11... 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.]
(4)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 F12... so sent in pursuance of this section must be sent to such address as the Secretary of State may determine.
Textual Amendments
F1S. 47(2) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 44(2); S.I. 2015/560, art. 3(a) (with arts. 4-9)
F2Words in s. 47(2) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(9)(a) (with s. 180); S.I. 2018/733, art. 2(c)
F3S. 47(2ZA) inserted (16.7.2018) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 90(9)(b) (with s. 180); S.I. 2018/733, art. 2(c)
F4S. 47(2ZA)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 106 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F5S. 47(2A) inserted (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 4 (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
F6Words in s. 47(2A) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 44(3), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F7Words in s. 47(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 100(3); S.I. 1992/1286, art. 2, Sch.
F8Words in s. 47(3) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 44(4), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F9Words in s. 47(3) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 12(2); S.I. 2008/3164, art. 4(b)
F10S. 47(3A) inserted (1.4.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 2 para. 12(3); S.I. 2008/3164, art. 4(b)
F11Words in s. 47(3A) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 44(5), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F12Words in s. 47(4) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 44(6), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
Modifications etc. (not altering text)
C1S. 47: 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.).
S. 47 applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(d)
C2S. 47(2) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)
C3S. 47(2) modified (temp.) (13.4.2015) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 22 paras. 30, 33 (with s. 180); S.I. 2015/819, art. 2(c)
C4S. 47(4) applied by Criminal Justice Act 1972 (c. 71, SIF 39:1), s. 24(3)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 10(b) )
C5S. 47(4) applied by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 44(3)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(c) )
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