- Latest available (Revised)
- Point in Time (23/02/2017)
- Original (As enacted)
Version Superseded: 01/12/2020
Point in time view as at 23/02/2017.
Crime (International Co-operation) Act 2003, Chapter 1 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Pt. 3 Ch. 1 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(2), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
(1)Section 55 applies where—
[F2(a)an individual (“the offender”) is convicted of a qualifying UK road traffic offence,
(aa)when convicted, the offender—
(i)is normally resident in the Republic of Ireland, or
(ii)is not normally resident in the Republic of Ireland but holds a Republic of Ireland licence,]
(b)no appeal is outstanding in relation to the offence, and
(c)the driving disqualification condition is met in relation to the offence.
[F3(1A)A qualifying UK road traffic offence is—
(a)an offence under the law of England and Wales or Scotland mentioned in Schedule 3;
(b)an offence under the law of Northern Ireland mentioned in Schedule 3A.]
(2)The driving disqualification condition is met—
(a)in relation to an offence mentioned in Part 1 of Schedule 3 [F4or Part 1 of Schedule 3A], if an order of disqualification is made in respect of the offence,
(b)in relation to an offence mentioned in Part 2 of [F5Schedule 3 or Part 2 of Schedule 3A], if an order of disqualification for a period not less than the minimum period is made in respect of the offence.
[F6(3)The minimum period is—
(a)for an offence mentioned in Part 2 of Schedule 3 in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;
(b)for an offence mentioned in Part 2 of Schedule 3A in relation to which the Department has by regulations specified a period of less than six months, that period;
(c)for any other offence, a period of six months.]
[F7(3A)When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3 is not less than the minimum period, an extension period imposed under any of the following is to be disregarded—
(a)section 35A or 35C of the Road Traffic Offenders Act 1988;
(b)section 248D of the Criminal Procedure (Scotland) Act 1995;
(c)section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.
(3B)When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3A is not less than the minimum period, an extension period imposed under any of the following is to be disregarded—
(a)Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6));
(b)Article 40A of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10));
(c)Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).]
(4)Section 55 does not apply in prescribed circumstances.
(5)For the purposes of this section no appeal is outstanding in relation to an offence if—
(a)no appeal is brought against an offender’s conviction of the offence, or any order made on his conviction, within the time allowed for making such appeals, or
(b)such an appeal is brought and the proceedings on appeal are finally concluded.
[F8(6)The Secretary of State may by regulations amend Schedule 3.
(7)The Department may by regulations amend Schedule 3A.]
Textual Amendments
F2S. 54(1)(a)(aa) substituted for s. 54(1)(a) (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(3)(a), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F3S. 54(1A) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(3)(b), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F4Words in s. 54(2)(a) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(2)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F5Words in s. 54(2)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(2)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F6S. 54(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F7S. 54(3A)(3B) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F8S. 54(6)(7) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(5) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement Information
I1S. 54 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(3)
(1)Where this section applies, the appropriate Minister must give the central authority of [F10the Republic of Ireland] a notice under this section.
(2)A notice under this section must—
(a)give the name, address and date of birth of the offender,
(b)give particulars of the offence,
(c)state that no appeal is outstanding in relation to it,
(d)give particulars of the disqualification,
(e)state whether or not the offender took part in the proceedings in which the disqualification was imposed,
(f)state that the offender has been informed that any decision made for the purposes of [F11the specified agreement on driving disqualifications] will have no effect on the disqualification.
(3)A notice under this section may contain such other information as the appropriate Minister considers appropriate.
(4)A notice under this section must be accompanied by the original or a certified copy of the order of disqualification.
(5)Where the offender did not take part in the proceedings mentioned in subsection (2)(e), a notice under this section must also be accompanied by evidence that the offender was duly notified of those proceedings.
(6)Where the offender is the holder of a Community licence, a notice under this section must also be accompanied by the licence unless it has been returned to the driver—
(a)under [F12section 91A(7A)(b)] of the Road Traffic Offenders Act 1988 (c. 53), or
(b)under Article 92A(7)(b)(ii) of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).
(7)Where the period of disqualification is reduced by virtue of section 34A of that Act or Article 36 of that Order, the appropriate Minister must give the central authority particulars of the reduction.
(8)Where the disqualification is removed by an order under section 42 of that Act or Article 47 of that Order, the appropriate Minister must give the central authority particulars of the removal.
(9)The appropriate Minister must provide—
(a)the central authority, or
(b)the competent authority of [F13the Republic of Ireland],
with any further information which it requires for the purposes of [F14the specified agreement on driving disqualifications].
Textual Amendments
F9S. 55 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(2) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F10Words in s. 55(1) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(3) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F11Words in s. 55(2)(f) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(4) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F12Words in s. 55(6)(a) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 6(a)
F13Words in s. 55(9)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(5)(a) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F14Words in s. 55(9) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(5)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
Commencement Information
I2S. 55 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(3)
Textual Amendments
F15Words in s. 56 cross-heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 4 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
(1)Section 57 applies where—
[F16(a)an individual (“the offender”) is convicted in the Republic of Ireland of an offence described in Schedule 3B,
(aa)when convicted, the offender—
(i)is normally resident in the United Kingdom, or
(ii)is not normally resident in the United Kingdom but holds a Great Britain licence or a Northern Ireland licence,]
(b)no appeal is outstanding in relation to the offence,
(c)the driving disqualification condition is met in relation to the offence, and
(d)the offender was duly notified of the proceedings (“the relevant proceedings”) in which the disqualification was imposed and was entitled to take part in them.
[F17(2)The driving disqualification condition is met—
(a)in relation to an offence mentioned in Part 1 of Schedule 3B, if the offender is disqualified in the Republic of Ireland as a result of the offence;
(b)in relation to an offence mentioned in Part 2 of that Schedule, if the offender is disqualified in the Republic of Ireland for a period not less than the minimum period as a result of the offence.]
(3)For the purposes of this section an offender is disqualified in [F18the Republic of Ireland] if he is disqualified [F19there] for holding or obtaining a licence to drive a motor vehicle granted under [F20the law of the Republic of Ireland] (however the disqualification is described under that law).
[F21(4)The minimum period is—
(a)for an offence in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;
(b)for any other offence, a period of six months.]
F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Section 57 does not apply if the relevant proceedings were brought later than the time at which summary proceedings for any corresponding offence under the law of [F23the relevant part of the United Kingdom] could have been brought.
[F24(6A)In subsection (6), “the relevant part of the United Kingdom” means—
(a)where the offender was normally resident in the United Kingdom when convicted, the part of the United Kingdom in which the offender was normally resident at that time;
(b)where the offender was not normally resident in the United Kingdom when convicted but held a Great Britain licence or a Northern Ireland licence, the part of the United Kingdom in which the offender was last normally resident before conviction.]
F25(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The appropriate Minister may make regulations [F26about when] offences under the law of a part of the United Kingdom [F27are to be treated for the purposes of this section] as corresponding to offences under the law of [F28the Republic of Ireland].
(9)For the purposes of this section no appeal is outstanding in relation to an offence if—
(a)no appeal is brought against an offender’s conviction of the offence, or any decision made as a result of his conviction, within the time allowed for making such appeals, or
(b)such an appeal is brought and the proceedings on appeal are finally concluded.
[F29(10)The Secretary of State may by regulations amend Schedule 3B.]
Textual Amendments
F16S. 56(1)(a)(aa) substituted for s. 56(1)(a) (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(4), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F17S. 56(2) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F18Words in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F19Word in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F20Words in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(c) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F21S. 56(4) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F22S. 56(5) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(5) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F23Words in s. 56(6) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(6) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F24S. 56(6A) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(7) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F25S. 56(7) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(8) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F26Words in s. 56(8) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F27Words in s. 56(8) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F28Words in s. 56(8) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(c) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F29S. 56(10) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(10) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement Information
I3S. 56 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)Where this section applies, the appropriate Minister—
(a)must give the offender a notice under this section if the unexpired period of [F31the Republic of Ireland disqualification] is not less than [F32three months], and
(b)may give him a notice under this section if that period is less than [F32three months].
(2)The unexpired period of [F33the Republic of Ireland disqualification] is—
(a)the period of [F33the Republic of Ireland disqualification], less
(b)any period of that disqualification which is treated by regulations made by the appropriate Minister as having been served in [F34the Republic of Ireland] .
(3)The provision which may be made by regulations under subsection (2)(b) includes provision for treating any period during which a central authority or competent authority of [F35the Republic of Ireland] has seized a licence without returning it as a period which has been served [F36there].
(4)If the appropriate Minister gives the offender a notice under this section, the offender is disqualified in each part of the United Kingdom—
(a)for the relevant period, and
(b)if [F37the Republic of Ireland disqualification] is also effective until a condition is satisfied, until the condition or a corresponding prescribed condition is satisfied.
(5)The relevant period is the period which—
(a)begins at the end of the period of 21 days beginning with the day on which the notice is given, and
(b)is equal to the unexpired period of [F38the Republic of Ireland disqualification].
(6)But if [F39the Republic of Ireland disqualification] is at any time removed otherwise than in prescribed circumstances, the offender ceases to be disqualified in each part of the United Kingdom from that time.
(7)The appropriate Minister may make regulations substituting a longer period for the period for the time being mentioned in subsection (5)(a).
(8)Where [F40the Republic of Ireland disqualification] is for life—
(a)the condition in subsection (1)(a) is to be treated as satisfied, and
(b)the other references in this section and section 58 to the unexpired period of [F40the Republic of Ireland disqualification] are to be read as references to a disqualification for life.
Textual Amendments
F30Words in s. 57 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(2) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F31Words in s. 57(1)(a) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(a) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F32Words in s. 57(1)(a)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(4) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3; S.I. 2017/189, art. 3
F33Words in s. 57(2) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F34Words in s. 57(2)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(5) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F35Words in s. 57(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(6)(a) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F36Word in s. 57(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(6)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F37Words in s. 57(4)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(c) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F38Words in s. 57(5)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(d) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F39Words in s. 57(6) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(e) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
F40Words in s. 57(8) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 6(3)(f) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
Commencement Information
I4S. 57 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)A notice under section 57 must—
(a)give particulars of the offence in respect of which [F41the Republic of Ireland disqualification] was imposed and the period of that disqualification,
(b)state that the offender is disqualified in each part of the United Kingdom for a period equal to the unexpired period of [F41the Republic of Ireland disqualification],
(c)state the date from which, and period for which, he is disqualified,
(d)give particulars of any relevant condition mentioned in section 57(4)(b),
(e)give details of his right to appeal under section 59.
(2)A notice under section 57 must be in writing.
(3)A notice under section 57 may contain such other information as the appropriate Minister considers appropriate.
Textual Amendments
F41Words in s. 58(1)(a)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 7 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement Information
I5S. 58 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)A person who is disqualified by virtue of section 57 may, after giving notice to the appropriate Minister of his intention to do so, appeal to the appropriate court against the disqualification.
(2)The appropriate court is—
(a)in relation to England and Wales, a magistrates' court F42...,
(b)in relation to Scotland, the sheriff within whose jurisdiction the applicant resides,
(c)in relation to Northern Ireland, a court of summary jurisdiction F43....
(3)The appeal must be made before the end of the period of 21 days beginning with the day on which the notice under section 57 is given to the applicant.
(4)But the appropriate Minister may make regulations substituting a longer period for the period for the time being mentioned in subsection (3).
(5)If the appropriate court is satisfied that section 57 does not apply to the applicant’s case, it must allow the appeal.
(6)Otherwise it must dismiss the appeal.
(7)Where on an appeal against the disqualification the appeal is allowed, the court by which the appeal is allowed must send notice of that fact to the appropriate Minister.
(8)The notice must—
(a)be sent in such manner and to such address, and
(b)contain such particulars,
as the appropriate Minister may determine.
Textual Amendments
F42Words in s. 59(2)(a) omitted (1.4.2005) by virtue of Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 97
F43Words in s. 59(2)(c) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 122, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
Commencement Information
I6S. 59 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)This section applies where a person is disqualified by virtue of section 57.
(2)Where the person appeals to a magistrates' court against the disqualification, the court may, if it thinks fit, suspend the disqualification.
(3)Where the person makes an application in respect of the decision of the court under section 111 of the Magistrates' Courts Act 1980 (c. 43) (statement of case), the High Court may, if it thinks fit, suspend the disqualification.
(4)Where the person has appealed, or applied for leave to appeal, to the [F44 Supreme Court ] under section 1 of the Administration of Justice Act 1960 (c. 65) from any decision of the High Court which is material to the disqualification, the High Court may, if it thinks fit, suspend the disqualification.
(5)Any power of a court under this section to suspend the disqualification is a power to do so on such terms as the court thinks fit.
(6)Where, by virtue of this section, a court suspends the disqualification, it must send notice of the suspension to the Secretary of State.
(7)The notice must—
(a)be sent in such manner and to such address, and
(b)contain such particulars,
as the Secretary of State may determine.
Textual Amendments
F44Words in s. 60(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 79; S.I. 2009/1604, art. 2(d)
Commencement Information
I7S. 60 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)This section applies where a person is disqualified by virtue of section 57.
(2)Where the person appeals to the sheriff against the disqualification, the sheriff may, if he thinks fit, suspend the disqualification on such terms as he thinks fit.
(3)Where the person appeals to the High Court of Justiciary from any decision of the sheriff, the court may, if it thinks fit, suspend the disqualification on such terms as it thinks fit.
The power conferred by this subsection may be exercised by a single judge of the court.
(4)Where, by virtue of this section, a court suspends the disqualification, it must send notice of the suspension to the Secretary of State.
(5)The notice must—
(a)be sent in such manner and to such address, and
(b)contain such particulars,
as the Secretary of State may determine.
Commencement Information
I8S. 61 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)This section applies where a person is disqualified by virtue of section 57.
(2)Where the person appeals to a court of summary jurisdiction against the disqualification, the court may, if it thinks fit, suspend the disqualification.
(3)Where the person makes an application in respect of the decision of the court under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26)) (statement of case), the Court of Appeal may, if it thinks fit, suspend the disqualification.
(4)Where the person has appealed, or applied for leave to appeal, to the [F45 Supreme Court ] under section 41 of the Judicature (Northern Ireland) Act 1978 (c. 23) from any decision of the Court of Appeal which is material to the disqualification, the Court of Appeal may, if it thinks fit, suspend the disqualification.
(5)Any power of a court under this section to suspend the disqualification is a power to do so on such terms as the court thinks fit.
(6)Where, by virtue of this section, a court suspends the disqualification, it must send notice of the suspension to the Department.
(7)The notice must—
(a)be sent in such manner and to such address, and
(b)contain such particulars,
as the Department may determine.
Textual Amendments
F45Words in s. 62(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 79; S.I. 2009/1604, art. 2(d)
Commencement Information
I9S. 62 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)A person who—
(a)is given a notice under section 57 by the Secretary of State, and
(b)is the holder of a licence,
must deliver his licence F46... to the Secretary of State before the end of the period of 21 days beginning with the day on which the notice is given.
(2)The Secretary of State may make regulations substituting a longer period for the period for the time being mentioned in subsection (1).
(3)If—
(a)a person delivers a current receipt for his licence F46... to the Secretary of State within the period for the time being mentioned in subsection (1), and
(b)on the return of his licence F46... immediately delivers [F47it] to the Secretary of State,
the duty under subsection (1) is to be taken as satisfied.
“Receipt” means a receipt issued under section 56 of the Road Traffic Offenders Act 1988 (c. 53).
(4)Subsection (1) does not apply if [F48the competent authority of the Republic of Ireland or the Department] —
(a)has the licence F46... , or
(b)has delivered [F47it] to the Secretary of State.
F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)If the holder of a licence does not deliver his licence F46... to the Secretary of State as required by subsection (1), he is guilty of an offence.
(7)A person is not guilty of an offence under subsection (6) if he satisfies the court that he has applied for a new licence and has not received it.
F50...
(8)A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9)“Licence” means a Great Britain licence, a Northern Ireland licence or a Community licence.
Textual Amendments
F46Words in s. 63 repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 75(2), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
F47Words in s. 63(3)(b)(4)(b) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 75(3); S.I. 2015/560, art. 3 (with arts. 4-9)
F48Words in s. 63(4) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 8(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F49S. 63(5) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 8(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F50Words in s. 63(7) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 75(4), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
Commencement Information
I10S. 63 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)A person who—
(a)is given a notice under section 57 by the Department, and
(b)is the holder of a licence,
must deliver his licence and its counterpart to the Department before the end of the period of 21 days beginning with the day on which the notice is given.
(2)The Department may make regulations substituting a longer period for the period for the time being mentioned in subsection (1).
(3)If—
(a)a person delivers a current receipt for his licence and its counterpart to the Department within the period for the time being mentioned in subsection (1), and
(b)on the return of his licence and its counterpart immediately delivers them to the Department,
the duty under subsection (1) is to be taken as satisfied.
“Receipt” means a receipt issued under Article 62 of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).
(4)Subsection (1) does not apply if [F51the competent authority of the Republic of Ireland or the Secretary of State] —
(a)has the licence and its counterpart, or
(b)has delivered them to the Department.
F52(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)If the holder of a licence does not deliver his licence and its counterpart to the Department as required by subsection (1), he is guilty of an offence.
(7)A person is not guilty of an offence under subsection (6) if he satisfies the court that he has applied for a new licence and has not received it.
In relation to the holder of a Great Britain licence or Community licence, a new licence includes the counterpart of such a licence.
(8)A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9)“Licence” means a Northern Ireland licence, a Great Britain licence or a Community licence.
Textual Amendments
F51Words in s. 64(4) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 9(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F52S. 64(5) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 9(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement Information
I11S. 64 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)This section applies where—
(a)the holder of a Community licence is disqualified by virtue of section 57, and
(b)the licence is sent to the Secretary of State or the Department under section 63 or 64.
(2)The Secretary of State or (as the case may be) the Department must send—
(a)the holder’s name and address, and
(b)particulars of the disqualification,
to the licensing authority in the EEA State in respect of which the licence was issued.
(3)But subsection (2) does not apply if the EEA State is [F53the Republic of Ireland].
(4)The Secretary of State or (as the case may be) the Department must return the licence to the holder—
(a)on the expiry of the relevant period of the disqualification (within the meaning of section 57), or
(b)if earlier, on being satisfied that the holder has left Great Britain or (as the case may be) Northern Ireland and is no longer normally resident there.
(5)But subsection (4) does not apply at any time where—
(a)the Secretary of State or the Department would otherwise be under a duty under paragraph (a) of that subsection to return the licence, and
(b)the holder would not at that time be authorised by virtue of section 99A(1) of the Road Traffic Act 1988 (c. 52) or Article 15A(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)) to drive in Great Britain or Northern Ireland a motor vehicle of any class.
(6)In that case the Secretary of State or (as the case may be) the Department must—
(a)send the licence to the licensing authority in the EEA State in respect of which it was issued, and
(b)explain to that authority the reasons for so doing.
(7)“EEA State” has the same meaning as in Part 3 of the Road Traffic Act 1988.
Textual Amendments
F53Words in s. 65(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 10 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement Information
I12S. 65 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
Where the holder of a Great Britain licence or Northern Ireland licence is disqualified by virtue of section 57, the licence is to be treated as revoked with effect from the beginning of the period of disqualification.
Commencement Information
I13S. 66 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
In determining the expiration of the period for which a person is disqualified by virtue of section 57, any time during which—
(a)the disqualification is suspended, or
(b)he is not disqualified,
is to be disregarded.
Commencement Information
I14S. 67 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
[F55(1)This section applies where a person who—
(a)is normally resident in Great Britain, or
(b)is not normally resident in Great Britain but holds a Great Britain licence,
is disqualified by virtue of section 57.]
[F56(2)The Secretary of State must secure that the particulars of the disqualification are endorsed on the person's driving record until the end of the period for which the endorsement remains effective.
(3)At the end of the period for which the endorsement remains effective the Secretary of State must remove the endorsement from the person's driving record.]
F56(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The endorsement remains effective until four years have elapsed since he was convicted of the offence in relation to which he is disqualified by virtue of section 57.
[F57(7)Where the person ceases to be disqualified by virtue of section 57(6), the Secretary of State must endorse the relevant particulars on his driving record.
(8)In this section “driving record” has the meaning given by section 97A of the Road Traffic Offenders Act 1988.]
Textual Amendments
F54Words in s. 68 heading substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 6(b)(i)
F55S. 68(1) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 11 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F56S. 68(2)(3) (8.6.2015) substituted for s. 68(2)-(5) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 77(2); S.I. 2015/560, art. 3(a) (with arts. 4-9)
F57S. 68(7)(8) substituted for s. 68(7) (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 6(b)(ii)
Commencement Information
I15S. 68 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
[F58(1)This section applies where a person who—
(a)is normally resident in Northern Ireland, or
(b)is not normally resident in Northern Ireland but holds a Northern Ireland licence,
is disqualified by virtue of section 57.]
(2)The Department must secure that particulars of the disqualification are endorsed on the counterpart of any Northern Ireland licence or the counterpart of any Great Britain licence or Community licence which the person—
(a)may then hold, or
(b)may subsequently obtain,
until he becomes entitled under subsection (4) or (5) to have a Northern Ireland licence and its counterpart, or a counterpart of his Great Britain licence or Community licence, issued to him free from those particulars.
(3)On the issue to the person of—
(a)a new Northern Ireland licence, or
(b)a new counterpart of a Great Britain licence or Community licence,
those particulars must be entered on the counterpart of the new licence or the new counterpart unless he has become so entitled.
(4)The person is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new Northern Ireland licence with a counterpart free from the endorsement if he—
(a)applies for a new licence under Article 13(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
(b)surrenders any subsisting licence and its counterpart,
(c)pays the fee prescribed by regulations under Part 2 of that Order, and
(d)satisfies the other requirements of Article 13(1).
(5)The person is entitled to have issued to him with effect from the end of that period a new counterpart of any Great Britain licence or Community licence then held by him free from the endorsement if he makes an application to the Department for that purpose in such manner as it may determine.
(6)The endorsement remains effective until four years have elapsed since he was convicted of the offence in relation to which he is disqualified by virtue of section 57.
(7)Where the person ceases to be disqualified by virtue of section 57(6), the Department must secure that the relevant particulars are endorsed on the counterpart of the Northern Ireland licence or the counterpart of any Great Britain licence or Community licence previously held by him.
Textual Amendments
F58S. 69(1) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 12 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement Information
I16S. 69 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)This section applies where a competent authority of [F59the Republic of Ireland] gives the appropriate Minister a notice under [F60the specified agreement on driving disqualifications] in respect of any person.
(2)If the appropriate Minister gives a notice under section 57 to that person, he must give the competent authority particulars of the disqualification which arises by virtue of that section.
(3)If the appropriate Minister does not give such a notice, he must give his reasons to the competent authority.
Textual Amendments
F59Words in s. 70(1) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 13(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F60Words in s. 70(1) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 13(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement Information
I17S. 70 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
(1)A notice authorised or required under this Chapter to be given by the appropriate Minister to an individual, or a Community licence required to be returned to its holder by section 65, may be given or returned to him by—
(a)delivering it to him,
(b)leaving it at his proper address, or
(c)sending it to him by post.
(2)For the purposes of—
(a)subsection (1), and
(b)section 7 of the Interpretation Act 1978 (c. 30) in its application to that subsection,
the proper address of any individual is his latest address as known to the appropriate Minister.
Commencement Information
I18S. 71 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(a)
(1)In this Chapter, “the specified agreement on driving disqualifications” means the agreement specified from time to time by the Secretary of State by regulations for the purposes of this Chapter.
(2)The Secretary of State may only specify an agreement made—
(a)between the United Kingdom and the Republic of Ireland, and
(b)for the purpose of giving effect in one of those States to disqualification from driving imposed in the other on conviction for an offence.
(3)In this section, “disqualification from driving” means disqualification from holding or obtaining a licence to drive a motor vehicle.]
Textual Amendments
F61S. 71A inserted (23.2.2017 for specified purposes and otherwise with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(5), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, arts. 2, 3
(1)Any power to make regulations conferred by this Chapter on the Secretary of State is exercisable by statutory instrument.
(2)A statutory instrument containing any such regulations is subject to annulment in pursuance of a resolution of either House of Parliament[F62, subject to subsection (2A)].
[F63(2A)A statutory instrument containing regulations under section 54(6), 56(10) or 71A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]
(3)The regulations may make different provision for different purposes.
Textual Amendments
F62Words in s. 72(2) inserted (23.2.2017) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 14(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 2
F63S. 72(2A) inserted (23.2.2017) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 14(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 2
Commencement Information
I19S. 72 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(a)
(1)Any power to make regulations conferred by this Chapter on the Department is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/ 1573 (N.I. 12)).
(2)Any such regulations are subject to negative resolution (within the meaning of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))[F64, subject to subsection (2A)].
[F65(2A)Regulations made under section 54(7) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.]
(3)The regulations may make different provision for different purposes.
Textual Amendments
F64Words in s. 73(2) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 15(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F65S. 73(2A) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 15(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement Information
I20S. 73 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(a)
(1)In this Chapter—
“appropriate Minister” means—
in relation to Great Britain, the Secretary of State,
in relation to Northern Ireland, the Department,
[F66“central authority” means an authority designated by the Republic of Ireland as a central authority for the purposes of the specified agreement on driving disqualifications;]
“Community licence”—
in relation to Great Britain, has the same meaning as in Part 3 of the Road Traffic Act 1988 (c. 52),
in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
[F67“competent authority” means an authority which is a competent authority in relation to the Republic of Ireland for the purposes of the specified agreement on driving disqualifications;]
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“counterpart”—
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
“the Department” means the Department of the Environment,
“disqualified”, except in section 56, means—
in relation to Great Britain, disqualified for holding or obtaining a Great Britain licence,
in relation to Northern Ireland, disqualified for holding or obtaining a Northern Ireland licence,
and[F70, except in section 71A,] “disqualification” is to be interpreted accordingly,
F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Great Britain licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988,
“motor vehicle”—
in relation to Great Britain, has the same meaning as in the Road Traffic Act 1988,
in relation to Northern Ireland, has the same meaning as in the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/ 2994 (N.I.18)),
“Northern Ireland licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981,
“prescribed” means prescribed by regulations made by the appropriate Minister.
[F72“Republic of Ireland disqualification” means the disqualification mentioned in section 56;]
[F72“Republic of Ireland licence” means a licence to drive a motor vehicle granted under the law of the Republic of Ireland, including a learner permit.]
(2)In this Chapter a disqualification, or [F73Republic of Ireland disqualification], for life is to be treated as being for a period of not less than six months.
[F74(3)For the purposes of this Chapter, an individual is normally resident in, or in a part of, the United Kingdom, in Great Britain, in Northern Ireland or in the Republic of Ireland if his or her normal residence, as defined in Article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20th December 2006 on driving licences, is there.]
Textual Amendments
F66Words in s. 74(1) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 16(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F67Words in s. 74(1) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 16(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F68Words in s. 74(1) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 16(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F69Words in s. 74 omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 6(c)
F70Words in s. 74(1) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 16(5) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F71Words in s. 74(1) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 16(6) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F72Words in s. 74(1) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 16(7) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F73Words in s. 74(2) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 17 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F74S. 74(3) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 18 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement Information
I21S. 74 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(a)
This Chapter applies to vehicles and persons in the public service of the Crown.
Commencement Information
I22S. 75 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(a)
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