Schedules

Schedule 1Documents to be served in accordance with Criminal Procedure Rules

I110Road Traffic Act 1988

1

The Road Traffic Act 1988 is amended as follows.

2

In section 164 (powers to require driving licence or date of birth)—

a

in subsection (10)—

i

after “him” (in the first place it occurs) insert

—

a

if the statement to the constable was made in England and Wales, in accordance with Criminal Procedure Rules, or

b

if that statement was made elsewhere,

ii

for “this subsection” (in both places it occurs) substitute “this paragraph”;

b

after subsection (10) insert—

10A

For the purposes of subsection (10)(a)—

a

Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and

b

any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

3

In section 172 (duty to identify driver where offence alleged)—

a

in subsection (7), for “by post” substitute “in accordance with Criminal Procedure Rules, if the alleged offence took place in England and Wales, or by post otherwise”;

b

after that subsection insert—

7A

For the purposes of subsection (7) (as it applies in relation to an alleged offence in England and Wales)—

a

Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and

b

any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.