Part IIE+W+S Sentence

GeneralE+W+S

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 F2... a court orders a person to be disqualified for a period of 56 days or more [F3 (disregarding any extension period)] it must, send any licence of the person that is produced to the court, to the Secretary of State.]

[F4(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

[F5(c)section 166 of the Sentencing Code.]]

F6(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

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)