- Latest available (Revised)
- Original (As enacted)
Road Safety Act 2006, Section 46 is up to date with all changes known to be in force on or before 16 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Part 2 of the Vehicles (Crime) Act 2001 (regulation of registration plate suppliers) extends to Scotland and Northern Ireland.
(2)In consequence of subsection (1) that Act is amended as follows.
(3)In section 17(1) (requirement of registration for registration plate suppliers carrying on business in England or Wales), omit “in England or Wales”.
(4)In section 18(5) (certified copy of register or extract from register to be evidence of matters mentioned in it), after “evidence” insert “ (or, in Scotland, sufficient evidence) ”.
(5)In section 20(6) (removal or suspension not to have effect while appeal pending or capable of being brought: meaning of “appeal”), after the reference to section 111 of the Magistrates' Courts Act 1980 (c. 43) insert “ or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 ”.
(6)For section 23 substitute—
(1)An appeal against the cancellation by the Secretary of State under section 21 of a person's registration may be brought—
(a)in England and Wales, to a magistrates' court,
(b)in Scotland, to the sheriff, or
(c)in Northern Ireland, to a court of summary jurisdiction.
(2)An appeal under subsection (1) shall be brought within the period of 21 days beginning with the day on which the person concerned is served with a notice under section 22(7).
(3)The procedure on an appeal under subsection (1)—
(a)in England and Wales, is to be by way of complaint for an order and in accordance with the Magistrates' Courts Act 1980,
(b)in Scotland, is to be by way of summary application to the sheriff, and
(c)in Northern Ireland, is to be by way of notice under Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981.
(4)For the purposes of the time limit for bringing an appeal under subsection (1) the appeal is to be treated as brought—
(a)in England and Wales, on the making of the complaint,
(b)in Scotland, on the lodging of the summary application with the sheriff clerk, and
(c)in Northern Ireland, when a notice is served on the clerk of the petty sessions under Article 76(2)(a) of the Magistrates' Courts (Northern Ireland) Order 1981.
(5)A party to an appeal to the sheriff under subsection (1) may further appeal, on a point of law only, to the sheriff principal or the Court of Session; and the decision on such an appeal is final.
(6)On an appeal under subsection (1) or (5), the court may confirm, vary or reverse the decision appealed against and generally give such directions as it considers appropriate having regard to the provisions of this Part.
(7)The Secretary of State must comply with any directions given by a court under this section.
(8)But the Secretary of State need not do so until—
(a)in England and Wales, the time for making an application under section 111 of the Magistrates' Courts Act 1980 (application by way of case stated),
(b)in Scotland, the time for lodging an appeal under subsection (5), or
(c)in Northern Ireland, the time for making an application under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (application by way of case stated),
has passed.
(9)And if such an application or appeal is made or lodged, he need not do so until the final determination or withdrawal of the appeal or application.”
(7)In section 26 (rights to enter and inspect premises)—
(a)in subsection (3) (application for warrant), after “justice of the peace” insert “ , or (in Scotland) a justice of the peace, magistrate or sheriff, ”,
(b)in subsection (4) (issue of warrant), after “justice” insert “ of the peace, magistrate or sheriff ”, and
(c)in subsection (8) (as amended by section 44(2)), before “by a local authority” insert “ (except in Northern Ireland) ”.
(8)Section 30 (proceedings for offences) (as amended by section 44(3)), is to be renumbered as subsection (1) of that section; and—
(a)in that subsection, after “instituted” insert “ in England and Wales ”, and
(b)after that subsection insert—
“(2)Proceedings for an offence under this Part shall not be instituted in Northern Ireland except—
(a)by the Secretary of State or a constable; or
(b)in any other case, with the consent of the Advocate General for Northern Ireland.
(3)In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (2)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.”
(9)In section 31(1) (interpretation), in the definition of “local authority” (as substituted by section 44(4)), insert at the end “or
(c)in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”.
(10)In section 39 (offences by body corporate), insert at the end—
“(3)Where an offence under this Act committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.”
(11)In section 45 (extent)—
(a)in subsection (1) (provisions extending only to England and Wales), for “Parts 1 and 2,” substitute “ Part 1 ”, and
(b)in subsection (2), (provisions extending to England and Wales, Scotland and Northern Ireland), for “Sections” substitute “ Part 2 and sections ”.
Commencement Information
I1S. 46 in force at 31.7.2008 by S.I. 2008/1864, art. 2 (with art. 3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: