(1)Subject to the following provisions, no order shall be made under section 34A of the M1Road Traffic Offenders Act 1988 after the end of 1997 or such later time as may be specified in an order made by the Secretary of State.
(2)At any time before the restriction imposed by subsection (1) above has taken effect, the Secretary of State may by order provide that it shall not do so.
(3)In this section “the experimental period” means the period beginning when section 30 above comes into force and ending—
(a)when the restriction imposed by subsection (1) above takes effect, or
(b)if the Secretary of State makes an order under subsection (2) above, on a date specified in the order (being a date falling before the time when the restriction imposed by subsection (1) above would otherwise have taken effect).
(4)During the experimental period—
(a)no order shall be made under section 34A of the M2Road Traffic Offenders Act 1988 by virtue of a person’s conviction under section 3A of the Road Traffic Act 1988, and
(b)no order shall be made under section 34A of the Road Traffic Offenders Act 1988 except by a magistrates’ court acting for a petty sessions area (or in Scotland, a sheriff court for a district or a stipendiary magistrate for a commission area) which is for the time being designated for the purposes of this section.
(5)In relation to orders made under section 34A during the experimental period, that section shall have effect with the omission of subsection (6) and section 34B shall have effect as if references to the supervising court were references to the court which made the order.
(6)The power to designate an area or district for the purposes of this section shall be exercisable by the Secretary of State by order, and includes power to revoke any designation previously made.
(7)An order under subsection (6) above shall specify the period for which an area or district is designated, and may—
(a)specify different periods for different areas or districts, and
(b)extend or abridge any period previously specified.
(8)The power to make an order under subsection (1) above shall not be exercisable after the end of 1997, and no more than one order may be made under that subsection.
(9)Any power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument, and—
(a)no order shall be made under subsection (1) or (2) above unless a draft of it has been laid before and approved by resolution of each House of Parliament, and
(b)any statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of either House.
Modifications etc. (not altering text)
C1S. 31(1) restricted (31.12.1999) by S.I. 1999/3130, art. 2
C2S. 31(6): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Commencement Information
I1S. 31 wholly in force at 1.7.1992 see s. 84 and S.I. 1992/1286, art. 2, Sch.
Marginal Citations