Police, Crime, Sentencing and Courts Act 2022

Section 96

SCHEDULE 10 E+W+S Surrender of licences: minor and consequential amendments

PART 1 E+W+S Amendments to the Road Traffic Offenders Act 1988

1 E+W+S The Road Traffic Offenders Act 1988 is amended as follows.

Commencement Information

I1 Sch. 10 para. 1 not in force at Royal Assent, see s. 208(1)

I2 Sch. 10 para. 1 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

2 (1) Section 2 (requirement of warning etc: supplementary) is amended as follows. E+W+S

(2) In subsection (2)—

(a) omit “, or” at the end of paragraph (a);

(b) omit paragraph (b).

Commencement Information

I3 Sch. 10 para. 2 not in force at Royal Assent, see s. 208(1)

I4 Sch. 10 para. 2 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

3 (1) Section 26 (interim disqualification) is amended as follows. E+W+S

(2) In subsection (8), omit “has not caused it to be delivered, or has not posted it, in accordance with section 7 of this Act and”.

(3) In subsection (9)—

(a) omit “, or” at the end of paragraph (a);

(b) omit paragraph (b).

Commencement Information

I5 Sch. 10 para. 3 not in force at Royal Assent, see s. 208(1)

I6 Sch. 10 para. 3 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

4 (1) Section 27 (production of licence) is amended as follows. E+W+S

(2) In subsection (3), omit “has not caused it to be delivered, or posted it, in accordance with section 7 of this Act and”.

(3) Omit subsection (4) (which has already been repealed as it extends to Scotland).

(4) Omit subsections (4A) and (5).

Commencement Information

I7 Sch. 10 para. 4 not in force at Royal Assent, see s. 208(1)

I8 Sch. 10 para. 4 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

5 (1) Section 47 (supplementary provisions as to disqualifications and endorsements) is amended as follows. E+W+S

(2) In subsection (2), omit “a court orders the endorsement of a person’s driving record it may, and where”.

(3) Omit subsection (2A).

Commencement Information

I9 Sch. 10 para. 5 not in force at Royal Assent, see s. 208(1)

I10 Sch. 10 para. 5 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

6 E+W+S Omit section 56 (licence receipts).

Commencement Information

I11 Sch. 10 para. 6 not in force at Royal Assent, see s. 208(1)

I12 Sch. 10 para. 6 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

7 (1) Section 57A (endorsement of driving records without hearings) is amended as follows. E+W+S

(2) In subsection (3)—

(a) after “penalty is made” insert “in accordance with this Part”;

(b) omit “and return to that person any licence surrendered by him under section 54 of this Act”.

(3) In subsection (4), omit “and return to that person any licence surrendered by him under section 54 of this Act”.

(4) In subsection (5)(b), after “him” insert “in accordance with this Part”.

Commencement Information

I13 Sch. 10 para. 7 not in force at Royal Assent, see s. 208(1)

I14 Sch. 10 para. 7 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

8 (1) Section 61A (fixed penalty notice mistakenly given: exclusion of fixed penalty procedures) is amended as follows. E+W+S

(2) In subsection (3), omit “and send the chief officer of police any licence sent to him under section 54(7) of this Act”.

Commencement Information

I15 Sch. 10 para. 8 not in force at Royal Assent, see s. 208(1)

I16 Sch. 10 para. 8 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

9 (1) Section 69 (payment of penalty) is amended as follows. E+W+S

(2) In subsection (1), omit “or authorised person”.

Commencement Information

I17 Sch. 10 para. 9 not in force at Royal Assent, see s. 208(1)

I18 Sch. 10 para. 9 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

10 (1) Section 70 (registration certificates) is amended as follows. E+W+S

(2) In subsection (2A)(a), omit “or given by an authorised person”.

(3) In subsection (3A)(a), omit “or given by an authorised person”.

Commencement Information

I19 Sch. 10 para. 10 not in force at Royal Assent, see s. 208(1)

I20 Sch. 10 para. 10 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

11 (1) Section 79 (statements by constables) is amended as follows. E+W+S

(2) In subsection (1), omit “or a notice under section 54(5) of this Act”.

(3) In subsection (6)—

(a) omit “, and” at the end of paragraph (a);

(b) omit paragraph (b).

Commencement Information

I21 Sch. 10 para. 11 not in force at Royal Assent, see s. 208(1)

I22 Sch. 10 para. 11 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

12 E+W+S In section 80 (certificates about payment)—

(a) in the heading, after “payment” insert “etc”;

(b) after paragraph (b) insert “, or

(c) that the identification requirements specified in section 69(3C) or 75(8B) have been fulfilled,”;

(c) in the words after paragraph (b), for “it” substitute “the penalty”.

Commencement Information

I23 Sch. 10 para. 12 not in force at Royal Assent, see s. 208(1)

I24 Sch. 10 para. 12 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

13 (1) In section 84(a) (regulations), omit “54(5), 56,”. E+W+S

(2) The reference in sub-paragraph (1) of this paragraph to section 84(a) is to be read as a reference to section 84(1)(a), if the condition in sub-paragraph (3) is met.

(3) The condition is that section 16(3) of the Domestic Violence, Crime and Victims Act 2004 (which amends section 84) comes into force before the repeal of section 54(5) of the Road Traffic Offenders Act 1988 made by section 93(3)(b) of this Act.

Commencement Information

I25 Sch. 10 para. 13 not in force at Royal Assent, see s. 208(1)

I26 Sch. 10 para. 13 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

14 (1) Section 89 (interpretation) is amended as follows. E+W+S

(2) In subsection (1), omit the definition of “authorised person”.

(3) In subsection (1), in the definition of “chief officer of police”, omit “(except in the definition of “authorised person”)”.

Commencement Information

I27 Sch. 10 para. 14 not in force at Royal Assent, see s. 208(1)

I28 Sch. 10 para. 14 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

15 (1) Section 90 (index to Part 3) is amended as follows. E+W+S

(2) In the table, omit the entry for “authorised person”.

Commencement Information

I29 Sch. 10 para. 15 not in force at Royal Assent, see s. 208(1)

I30 Sch. 10 para. 15 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

16 E+W+S In section 91ZA(1) (application to Northern Ireland licence holders), after paragraph (c) insert—

“(ca) section 37A,”.

Commencement Information

I31 Sch. 10 para. 16 not in force at Royal Assent, see s. 208(1)

I32 Sch. 10 para. 16 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

17 E+W+S In section 91A(1) (application to Community licence holders)—

(a) omit “and (9)(b),”;

(b) for “and 27” substitute “, 27 and 37A”.

Commencement Information

I33 Sch. 10 para. 17 not in force at Royal Assent, see s. 208(1)

I34 Sch. 10 para. 17 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

18 (1) Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows. E+W+S

(2) In paragraph 2(a), after “section” insert “37A or”.

(3) In paragraph 2(d)—

(a) after “under” insert “section 3A(2) or”;

(b) for “3(5)” substitute “5A(2) or 8A(2)”.

Commencement Information

I35 Sch. 10 para. 18 not in force at Royal Assent, see s. 208(1)

I36 Sch. 10 para. 18 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

19 E+W+S In Part 1 of Schedule 2 (prosecution and punishment of offences), in the entry relating to section 27 of the Road Traffic Offenders Act 1988, for the words in column 2 (general nature of offence) substitute—

“Failing to produce licence to court when required to do so.”

Commencement Information

I37 Sch. 10 para. 19 not in force at Royal Assent, see s. 208(1)

I38 Sch. 10 para. 19 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

PART 2 E+W+S Amendments to other Acts

Road Traffic Act 1988 (c. 52) E+W+S

20 The Road Traffic Act 1988 is amended as follows.

Commencement Information

I39 Sch. 10 para. 20 not in force at Royal Assent, see s. 208(1)

I40 Sch. 10 para. 20 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

21 In section 93 (revocation of licence because of disability or prospective disability), omit subsection (4).

Commencement Information

I41 Sch. 10 para. 21 not in force at Royal Assent, see s. 208(1)

I42 Sch. 10 para. 21 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

22 In section 99 (duration of licences), omit subsection (6).

Commencement Information

I43 Sch. 10 para. 22 not in force at Royal Assent, see s. 208(1)

I44 Sch. 10 para. 22 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

23 (1) Section 164 (power of constables to require production of driving licence and in certain cases statement of date of birth) is amended as follows.

(2) After subsection (5), insert—

“(5A) If a person is required to surrender the person’s licence or test certificate to the Secretary of State under—

(a) section 37A of the Road Traffic Offenders Act 1988, or

(b) section 3A of, or paragraph 5A or 8A of Schedule 1 to, the Road Traffic (New Drivers) Act 1995,

and fails to do so, a constable or vehicle examiner may require the person to produce the licence or test certificate and, upon its being produced, may seize it and deliver it to the Secretary of State.

(5B) In subsection (5A), “test certificate” has the same meaning as in Schedule 1 to the Road Traffic (New Drivers) Act 1995.”

(3) In subsection (6), for “(7) to” substitute “(8) and”.

(4) Omit subsection (7).

Commencement Information

I45 Sch. 10 para. 23 not in force at Royal Assent, see s. 208(1)

I46 Sch. 10 para. 23 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

24 In section 166 (powers of certain officers as respects goods vehicles and passenger-carrying vehicles), for “164(1) or (3)” substitute “164(1), (3) or (5A)”.

Commencement Information

I47 Sch. 10 para. 24 not in force at Royal Assent, see s. 208(1)

I48 Sch. 10 para. 24 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Crime (International Co-operation) Act 2003 (c. 32) E+W+S

25 In section 63 of the Crime (International Co-operation) Act 2003 (production of licence: Great Britain), omit subsection (3).

Commencement Information

I49 Sch. 10 para. 25 not in force at Royal Assent, see s. 208(1)

I50 Sch. 10 para. 25 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

PART 3 E+W+S Consequential repeals of amending enactments

Road Traffic (New Drivers) Act 1995 (c. 13) E+W+S

26 In Schedule 2 to the Road Traffic (New Drivers) Act 1995, omit paragraph 4 (which amends section 47 of the Road Traffic Offenders Act 1988).

Commencement Information

I51 Sch. 10 para. 26 not in force at Royal Assent, see s. 208(1)

I52 Sch. 10 para. 26 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Access to Justice Act 1999 (c. 22) E+W+S

27 In Schedule 13 to the Access to Justice Act 1999, omit—

(a) paragraph 141 (which amends section 7 of the Road Traffic Offenders Act 1988);

(b) paragraph 144 (which amends section 27 of that Act);

(c) paragraph 173 (which amends paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995).

Commencement Information

I53 Sch. 10 para. 27 not in force at Royal Assent, see s. 208(1)

I54 Sch. 10 para. 27 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Police Reform Act 2002 (c. 30) E+W+S

28 In section 76 of the Police Reform Act 2002, omit subsection (2) (which amends section 54 of the Road Traffic Offenders Act 1988).

Commencement Information

I55 Sch. 10 para. 28 not in force at Royal Assent, see s. 208(1)

I56 Sch. 10 para. 28 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Courts Act 2003 (c. 39) E+W+S

29 In Schedule 8 to the Courts Act 2003, omit—

(a) paragraph 310 (which amends section 7 of the Road Traffic Offenders Act 1988);

(b) paragraph 313 (which amends section 27 of that Act);

(c) paragraph 365 (which amends paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995).

Commencement Information

I57 Sch. 10 para. 29 not in force at Royal Assent, see s. 208(1)

I58 Sch. 10 para. 29 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Road Safety Act 2006 (c. 49) E+W+S

30 The Road Safety Act 2006 is amended as follows.

Commencement Information

I59 Sch. 10 para. 30 not in force at Royal Assent, see s. 208(1)

I60 Sch. 10 para. 30 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

31 In section 10, omit—

(a) subsections (5) and (6) (which amend section 54 of the Road Traffic Offenders Act 1988);

(b) subsections (10) and (11) (which amend section 57A of that Act).

Commencement Information

I61 Sch. 10 para. 31 not in force at Royal Assent, see s. 208(1)

I62 Sch. 10 para. 31 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

32 In Schedule 1, omit—

(a) paragraph 3(8) (which amends section 54 of the Road Traffic Offenders Act 1988);

(b) paragraph 4 (which amends section 56 of that Act);

(c) paragraph 18(5) (which amends section 79 of that Act);

(d) paragraph 25 (which amends section 2 of the Road Traffic (New Drivers) Act 1995);

(e) paragraph 26(3) and (4) (which amend section 3 of that Act);

(f) paragraph 27(2), (3), (4), (5)(a) and (b), (6), (7), (8)(a) and (b), (9) and (10) (which amend Schedule 1 to that Act).

Commencement Information

I63 Sch. 10 para. 32 not in force at Royal Assent, see s. 208(1)

I64 Sch. 10 para. 32 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

33 In Schedule 2, omit paragraph 25(2)(b) (which amends section 76 of the Road Traffic Offenders Act 1988).

Commencement Information

I65 Sch. 10 para. 33 not in force at Royal Assent, see s. 208(1)

I66 Sch. 10 para. 33 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

34 In Schedule 3, omit—

(a) paragraph 5(3) and (4) (which amend section 93 of the Road Traffic Act 1988);

(b) paragraph 9(5) (which amends section 99 of that Act);

(c) paragraph 26(6) (which amends section 164 of that Act);

(d) paragraph 32(3) and (4) (which amend section 26 of the Road Traffic Offenders Act 1988);

(e) paragraph 33(5) (which amends section 27 of that Act);

(f) paragraph 44(3) (which amends section 47 of that Act);

(g) paragraph 46 (which amends section 56 of that Act);

(h) paragraph 49(3) (which amends section 61A of that Act);

(i) paragraph 54 (which amends section 77A of that Act);

(j) paragraph 67(2), (3)(a) and (b) and (4) (which amend section 2 of the Road Traffic (New Drivers) Act 1995);

(k) paragraph 68 (which amends section 3 of that Act);

(l) paragraph 70 (which amends Schedule 1 to that Act).

Commencement Information

I67 Sch. 10 para. 34 not in force at Royal Assent, see s. 208(1)

I68 Sch. 10 para. 34 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Criminal Justice and Courts Act 2015 (c. 2) E+W+S

35 In Schedule 11 to the Criminal Justice and Courts Act 2015, omit—

(a) paragraph 9 (which amends section 7 of the Road Traffic Offenders Act 1988);

(b) paragraph 11 (which amends section 27 of that Act).

Commencement Information

I69 Sch. 10 para. 35 not in force at Royal Assent, see s. 208(1)

I70 Sch. 10 para. 35 in force at 30.11.2022 by S.I. 2022/1187, reg. 4(a) (with Pt. 3)