The Driving Licences (Community Driving Licence) Regulations 1990

Regulation 2(1)

SCHEDULE 1 AMENDMENTS TO THE ROAD TRAFFIC ACT 1988

1.  In section 88(6) (application of enactments to foreign permits and their holders), after the word “licences” there shall be inserted the words “, counterparts of licences”.

2.  In section 93 (revocation of licence because of disability)–

(a) in subsection (2)(b), after the word “revoked” there shall be inserted the words “and its counterpart”;

(b) in subsection (3), after the words “the licence” there shall be inserted the words “and its counterpart”; and

(c) in subsection (4)–

(i) after the words “his licence” there shall be inserted the words “or its counterpart”,

(ii) for the word “it” in both places where it occurs there shall be substituted the word “them”, and

(iii) for the word “its” there shall be substituted the word “their”.

3.  In section 97(1) (conditions for grant of licences), in paragraph (c)–

(a) after the words “1st June 1970” there shall be inserted the words “and its counterpart”; and

(b) for the word “it” there shall be substituted the word “them”.

4.  In section 98 (form of driving licence)–

(a) in subsection (1)–

(i) in paragraph (b), at the end, there shall be inserted the word “and”, and

(ii) paragraph (d) and the word “and” preceding it shall be omitted;

(b) in subsection (2)–

(i) for the words “licence which, apart from this subsection,” there shall be substituted the words “person who holds a licence which”, and

(ii) for the words “shall also authorise him to” there shall be substituted the word “may”; and

(c) in subsection (3), for the words “A licence shall not by virtue of subsection (2) above” there shall be substituted the words “Subsection (2) above does not”.

5.  In section 99 (duration of licences)–

(a) in subsection (3)–

(i) for paragraph (a) there shall be substituted the following paragraphs–

“(a) that a licence granted by him to any person was granted in error or with an error or omission in the particulars specified in the licence, or

(aa) that the counterpart of a licence granted by him to any person is required to be endorsed in pursuance of any enactment or was issued with an error or omission in the particulars specified in the counterpart or required to be so endorsed on it, or”

(ii) in paragraph (b), after the word “person” there shall be inserted the words “or in its counterpart”, and

(iii) in the words following paragraph (b), after the word “licence” in the second place where it occurs there shall be inserted the words “and its counterpart”;

(b) in subsection (4), after the words “surrender the licence” there shall be inserted the words “and its counterpart”;

(c) in subsection (6)–

(i) after the word “licence” in the first place where it occurs there shall be inserted the words “and its counterpart”,

(ii) for the words “the licence” there shall be substituted the word “them”,

(iii) for the word “it” there shall be substituted the word “them”,

(iv) after the word “licence” in the last place where it occurs there shall be inserted the words “and its counterpart”, and

(v) for the word “its” there shall be substituted the word “their”; and

(d) in subsection (7)–

(i) after the words “a licence” there shall be inserted the words “and its counterpart”, and

(ii) for the words “or is” there shall be substituted the words “or the licence and its counterpart are”.

6.  In section 105(2) (regulations about driving licences)–

(a) in paragraph (a), after the word “licences” there shall be inserted the words “and counterparts of licences”;

(b) in paragraph (b), after the words “suspended or” there shall be inserted the words “whose counterparts of licences are”; and

(c) in paragraph (e), for the words “a new licence in the place of a licence” there shall be substituted the words “new licences and counterparts of licences in the place of licences or counterparts of licences”.

7.  In section 108(1) (interpretation of Part III), in the definition of “licence”, after the word “Act” there shall be inserted the words “and “counterpart”, in relation to a licence, means a document in such form as the Secretary of State may determine, issued with the licence, containing such information as he determines and designed for the endorsement of particulars relating to the licence”.

8.  In section 109 (provisions as to Northern Ireland drivers' licences)–

(a) in subsection (2)–

(i) for the words “as if it had been a licence granted under this Part of this Act” there shall be substituted the words “and its counterpart as if they had respectively been a licence granted under this Part of this Act and the counterpart to such a licence”, and

(ii) after the words “production of licences” there shall be inserted the words “and counterparts of licences”;

(b) in subsection (3)–

(i) after the word “him” there shall be inserted the words “and its counterpart”,

(ii) after the word “licence” in the last place where it occurs there shall be inserted the words “and its counterpart”, and

(iii) for the word “it” there shall be substituted the word “them”; and

(c) in subsection (4), after the word “licence” there shall be inserted the words “and its counterpart”.

9.  In section 164 (production of driving licences to constables)–

(a) in subsection (1), in the words following paragraph (d)–

(i) after the word “licence” in the first place where it occurs there shall be inserted the words “and its counterpart”, and

(ii) for the words “it was” there shall be substituted the words “they were”;

(b) in subsection (3)–

(i) after the words “fails to deliver it” there shall be inserted the words “and its counterpart”,

(ii) for the words “produce it” there shall be substituted the words “produce the licence and its counterpart”,

(iii) for the word “its” there shall be substituted the word “their”, and

(iv) for the word “it” in the last two places where it occurs there shall be substituted the word “them”;

(c) in subsection (4), after the word “it” there shall be inserted the words “and its counterpart”;

(d) in subsection (5)–

(i) after the words “a licence” there shall be inserted the words “and its counterpart”,

(ii) for the word “it” in each place where it occurs there shall be substituted the word “them”, and

(iii) for the word “its” there shall be substituted the word “their”;

(e) in subsection (6), after the word “licence” there shall be inserted the words “and its counterpart”;

(f) in subsection (7)–

(i) after the word “licence” immediately preceding paragraph (a) there shall be inserted the words “and its counterpart”,

(ii) in paragraph (a), after the word “licence” in both places where it occurs there shall be inserted the words “and its counterpart”, and for the word “its” there shall be substituted the word “their”, and

(iii) in paragraph (b), after the word “licence” there shall be inserted the words “and its counterpart”, and for the word “its” there shall be substituted the word “their”;

(g) in subsection (8)–

(i) after the word “licence” in both places where it occurs there shall be inserted the words “and its counterpart”,

(ii) for the word “it” in the second, third and fifth places where it occurs there shall be substituted the word “them”, and

(iii) for the word “its” there shall be substituted the word “their”; and

(h) in subsection (11), after the word ““licence”” there shall be inserted the word “, “counterpart””.

10.  In section 167 (power of arrest in Scotland for reckless or careless driving or cycling), in paragraph (a), after the word “Act” in the second place where it occurs there shall be inserted the words “and the counterpart of the licence”.

11.  In section 173 (forgery of documents, etc)–

(a) in subsection (2)(a), at the end there shall be inserted the words “or, in the case of a licence to drive, any counterpart of such a licence,”; and

(b) after subsection (3) there shall be inserted the following subsection–

“(4) In this section “counterpart”, in relation to a licence to drive under Part III of this Act, has the same meaning as in that Part.”.

12.  In section 176 (power to seize articles in respect of which certain offences may have been committed)–

(a) after subsection (1) there shall be inserted the following subsection–

“(1A) Where a licence to drive or a counterpart of a licence may be seized by a constable under subsection (1) above, he may also seize the counterpart or the licence, as the case may be, produced with it.”;

(b) after subsection (3) there shall be inserted the following subsection–

“(3A) An order under subsection (3) above respecting the disposal of a licence to drive or a counterpart of a licence may include an order respecting the disposal of any document seized under subsection (1A) above.”; and

(c) after subsection (7) there shall be inserted the following subsection–

“(8) In this section “counterpart”, in relation to a licence to drive under Part III of this Act, has the same meaning as in that Part.”.