aa

that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;

1A

Subsection (1)(aa) does not apply if—

a

in a case where the driver has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

b

in a case where the driver has been required to pay an immigration penalty—

i

more than three years have elapsed since the date on which the penalty was imposed, and

ii

the amount of the penalty has been paid in full.

2A

The requirement in subsection (2)(a) to return a driver's badge does not apply in a case where section 20A applies (but see subsection (2) of that section).