http://www.legislation.gov.uk/id/ukpga/2022/32

SCHEDULES

SCHEDULE 10Surrender of licences: minor and consequential amendments

Section 96

PART 1Amendments to the Road Traffic Offenders Act 1988

I3 I681

The Road Traffic Offenders Act 1988 is amended as follows.

1

Section 2 (requirement of warning etc: supplementary) is amended as follows.

2

In subsection (2)—

a

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

b

omit paragraph (b).

1

Section 26 (interim disqualification) is amended as follows.

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).

1

Section 27 (production of licence) is amended as follows.

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Omit subsection (4) (which has already been repealed as it extends to Scotland).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

1

Section 47 (supplementary provisions as to disqualifications and endorsements) is amended as follows.

2

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

3

Omit subsection (2A).

1

Section 57A (endorsement of driving records without hearings) is amended as follows.

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”.

1

Section 61A (fixed penalty notice mistakenly given: exclusion of fixed penalty procedures) is amended as follows.

2

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

1

Section 69 (payment of penalty) is amended as follows.

2

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

1

Section 70 (registration certificates) is amended as follows.

2

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

3

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

1

Section 79 (statements by constables) is amended as follows.

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).

I1 I3212

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”.

1

In section 84(a) (regulations), omit “54(5), 56,”.

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.

I50 I3714

1

Section 89 (interpretation) is amended as follows.

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”)”.

I70 I4715

1

Section 90 (index to Part 3) is amended as follows.

2

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

I8 I3416

In section 91ZA(1) (application to Northern Ireland licence holders), after paragraph (c) insert—

ca
section 37A,

I15 I2617

In section 91A(1) (application to Community licence holders)—

a

omit “and (9)(b),”;

b

for “and 27” substitute “, 27 and 37A”.

I14 I1618

1

Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.

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)”.

I40 I4419

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.

PART 2Amendments to other Acts

Road Traffic Act 1988 (c. 52)

I49 I6320

The Road Traffic Act 1988 is amended as follows.

I17 I4121

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

I33 I4522

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

I58 I2823

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).

I30 I5124

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)”.

I27 I4825Crime (International Co-operation) Act 2003 (c. 32)

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

PART 3Consequential repeals of amending enactments

I18 I1026Road Traffic (New Drivers) Act 1995 (c. 13)

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).

I43 I5327Access to Justice Act 1999 (c. 22)

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).

I13 I5728Police Reform Act 2002 (c. 30)

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

I46 I2029Courts Act 2003 (c. 39)

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).

Road Safety Act 2006 (c. 49)

I12 I6530

The Road Safety Act 2006 is amended as follows.

I31 I3531

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).

I21 I4232

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).

I59 I633

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

I19 I2434

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).

I60 I5435Criminal Justice and Courts Act 2015 (c. 2)

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).

SCHEDULES

SCHEDULE 10Surrender of licences: minor and consequential amendments

PART 1Amendments to the Road Traffic Offenders Act 1988

I3I681

I67I382

1

2

a

b

I5I563

1

2

3

a

b

I66I24

1

2

3

4

I29I225

1

2

3

I11I526

I61I257

1

2

a

b

3

4

I23I698

1

2

I7I399

1

2

I62I410

1

2

3

I9I6411

1

2

3

a

b

I1I3212

a

b

c

c

I36I5513

1

2

3

I50I3714

1

2

3

I70I4715

1

2

I8I3416

ca

I15I2617

a

b

I14I1618

1

2

3

a

b

I40I4419

PART 2Amendments to other Acts

Road Traffic Act 1988 (c. 52)

I49I6320

I17I4121

I3 I681

I67 I382

I5 I563

I66 I24

I29 I225

I11 I526

I61 I257

I23 I698

I7 I399

I62 I410

I9 I6411

I1 I3212

I36 I5513

I50 I3714

I70 I4715

I8 I3416

I15 I2617

I14 I1618

I40 I4419

I49 I6320

I17 I4121

I33 I4522

I58 I2823

I30 I5124

I27 I4825Crime (International Co-operation) Act 2003 (c. 32)

I18 I1026Road Traffic (New Drivers) Act 1995 (c. 13)

I43 I5327Access to Justice Act 1999 (c. 22)

I13 I5728Police Reform Act 2002 (c. 30)

I46 I2029Courts Act 2003 (c. 39)

I12 I6530

I31 I3531

I21 I4232

I59 I633

I19 I2434

I60 I5435Criminal Justice and Courts Act 2015 (c. 2)