Criminal Justice and Courts Act 2015 (c. 2)

SCHEDULES

SCHEDULE 7 Mutual recognition of driving disqualification in UK and Republic of Ireland

PART 2 Transition from EU Convention to new agreement

Transitional period

23 In this Part of this Schedule, “the transitional period” means the period—

(a) beginning with 1 December 2014, and

(b) ending with the day before the first day on which—

(i) section 31(2) to (5) are in force,

(ii) the Secretary of State has specified an agreement under section 71A of the Crime (International Co-operation) Act 2003 (“the 2003 Act”), and

(iii) that agreement has entered into force.

Disapplication of duties and powers to give notices during the transitional period

24 During the transitional period, the Secretary of State and the Department of the Environment in Northern Ireland—

(a) are not required to give a notice under section 55 of the 2003 Act (duty to give notice to foreign authorities of driving disqualification of a non-UK resident),

(b) are not required or permitted to give a notice under section 57 of the 2003 Act (recognition in United Kingdom of foreign driving disqualification), and

(c) are not required to give reasons under section 70(3) of the 2003 Act (duty to give reasons for not giving a notice under section 57).

25 Paragraphs 23 and 24 are to be treated as having come into force on 1 December 2014.

Application of duties and powers to give notices after the transitional period

26 After the end of the transitional period, the Secretary of State and the Department of the Environment in Northern Ireland—

(a) are required to give a notice under section 55 of the 2003 Act (duty to give notice to foreign authorities of driving disqualification of a non-UK resident),

(b) are required or permitted to give a notice under section 57 of the 2003 Act (recognition in United Kingdom of foreign driving disqualification), and

(c) are required to give reasons under section 70(3) of the 2003 Act (duty to give reasons for not giving a notice under section 57),

only in a case in which the offence referred to in section 54(1) or 56(1) of the 2003 Act was committed after the end of the transitional period.

Saving for pre-1 December 2014 cases

27 The amendments made by section 31 and Part 1 of this Schedule do not have effect in relation to a case in which a notice was given to an offender under section 57 of the 2003 Act before 1 December 2014.