Schedules

Schedule 22Transitional, transitory and saving provisions

Part 4Sentencing

Driving disqualification

29

1

No provision of Schedule 16 applies in relation to, or has effect by reference to, offences committed wholly or partly before the commencement of the provision in question.

2

An offence is partly committed before the commencement of a provision if—

a

a relevant event occurs before commencement, and

b

another relevant event occurs on or after commencement.

3

“Relevant event” in relation to an offence means any act or other event (including any consequence of an act) proof of which is required for conviction of the offence.

30

1

During the transitory period, the Road Traffic Offenders Act 1988 (c. 53) has effect with the amendments made by paragraphs 31 to 33.

2

The transitory period is—

a

in the case of paragraph 31 or 32, the period beginning with the coming into force of the paragraph and ending with the coming into force of section 35 of the Road Safety Act 2006 (c. 49) (which substitutes sections 34A to 34C of the Road Traffic Offenders Act 1988 (c. 53));

b

in the case of paragraph 33, the period beginning with the coming into force of the paragraph and ending with the coming into force of paragraph 44(2) of Schedule 3 to the Road Safety Act 2006.

31

In section 34A (reduced disqualification period for attendance on courses)—

a

in subsection (1)(b), after “months” insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,

b

in subsection (2), after “section 34” insert “ (disregarding any extension period added pursuant to section 35A or 35C) (“the unreduced period”) ”,

c

in subsection (3), after “section 34”, in both places it occurs, insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,

d

after that subsection insert—

3A

The reduced period” is the period of disqualification imposed under section 34 of this Act (disregarding any extension period added pursuant to section 35A or 35C) as reduced by an order under this section.

e

in subsection (5), at the end insert “ but including any extension period added pursuant to section 35A or 35C. ”

32

In section 34B (certificates of completion of courses)—

a

in subsection (1), for “period of disqualification imposed under section 34” substitute “ total unreduced period of disqualification ”,

b

in subsection (2)—

i

for “period of disqualification imposed under section 34” substitute “ total unreduced period of disqualification ”,

ii

for “end of the period as it would have been reduced by the order” substitute “ total reduced period of disqualification ”, and

iii

for “reduced period” substitute “ total reduced period of disqualification ”, and

c

after that subsection insert—

2A

For the purposes of this section—

  • “the total reduced period of disqualification” means the period of disqualification imposed under section 34 (including any extension period added to that period pursuant to section 35A or 35C), as reduced by an order under section 34A;

  • “the total unreduced period of disqualification” means the period of disqualification imposed under section 34 (including any such extension period), disregarding any reduction by such an order.

33

In section 47(2) (supplementary provisions as to disqualification and endorsement) after “or more” insert “ (disregarding any extension period) ”.

34

1

Sub-paragraph (2) applies where an order (“the amending order”) under section 49(1)(b) of the Criminal Justice Act 1991 (c. 53) (alteration by order of relevant proportions of sentences) provides that the proportion of a prisoner's sentence is to be construed as a reference to another proportion (“the new proportion”).

2

The Secretary of State may by order provide that the proportion specified in section 35A(4)(h) of the Road Traffic Offenders Act 1988 (c. 53) (as inserted by Schedule 16) and section 147A(4)(h) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (as inserted by that Schedule) is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.

F235

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F136

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