Act of Adjournal (Consolidation Amendment) (Courses for Drink-drive Offenders) 1993

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Consolidation Amendment) (Courses for Drink-drive Offenders) 1993 and shall come into force on 23rd August 1993.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of Act of Adjournal (Consolidation) 1988

2.—(1) The Act of Adjournal (Consolidation) 1988(1) shall be amended in accordance with the following sub-paragraphs.

(2) After rule 83C (form of supervised attendance order)(2), insert the following rule:–

“Reduction of disqualification period for drink-drive offenders

83D.— (1) In this rule–

“the Act of 1988” means the Road Traffic Offenders Act 1988(3);

“course organiser” has the meaning given in section 34C(2) of the Act of 1988; and

“date specified” means the date specified in an order under section 34A of the Act of 1988.

(2) An application to the sheriff for a declaration under section 34B(6) of the Act of 1988 shall be–

(a) in Form 91 of Schedule 1;

(b) accompanied by a copy of the written notice required by section 34B(5) of the Act of 1988 intimating the course organiser’s decision not to give a course completion certificate; and

(c) lodged with the sheriff clerk within 28 days after the date specified.

(3) An application to the sheriff for a declaration under section 34B(7) of the Act of 1988 shall be–

(a) in Form 92 of Schedule 1; and

(b) lodged with the sheriff clerk within 28 days after the date specified.

(4) On the lodging of an application under section 34B(6) or (7) of the Act of 1988–

(a) the sheriff shall fix a date for hearing the application; and

(b) the sheriff clerk shall–

(i) notify the applicant of the date of the hearing; and

(ii) serve a copy of the application, with notice of the hearing, on the course organiser and the procurator fiscal.”.

(3) After rule 126C (form of supervised attendance order)(4), insert the following rule:–

“Reduction of disqualification period for drink-drive offenders

126D.— (1) In this rule–

“the Act of 1988” means the Road Traffic Offenders Act 1988;

“clerk of court” means sheriff clerk, sheriff clerk depute or clerk of the district court, as the case may be;

“course organiser” has the meaning given in section 34C(2) of the Act of 1988;

“date specified” means the date specified in an order under section 34A of the Act of 1988; and

“supervising court” has the meaning given in section 34C(2) of the Act of 1988(5).

(2) An application to the supervising court for a declaration under section 34B(6) of the Act of 1988 shall be–

(a) in Form 91 of Schedule 1;

(b) accompanied by a copy of the written notice required by section 34B(5) of the Act of 1988 intimating the course organiser’s decision not to give a course completion certificate; and

(c) lodged with the clerk of court within 28 days after the date specified.

(3) An application to the supervising court for a declaration under section 34B(7) of the Act of 1988 shall be–

(a) in Form 92 of Schedule 1; and

(b) lodged with the clerk of court within 28 days after the date specified.

(4) On the lodging of an application under section 34B(6) or (7) of the Act of 1988–

(a) the sheriff or stipendiary magistrate shall fix a date for hearing the application; and

(b) the clerk of court shall–

(i) notify the applicant of the date of the hearing; and

(ii) serve a copy of the application, with notice of the hearing, on the course organiser and the procurator fiscal.”.

(4) After Form 90 (letter of request under section 3 of the Criminal Justice (International Co-operation) Act 1990(6)) in Schedule 1 to the Act of Adjournal (Consolidation) 1988, insert Forms 91 and 92 as set out in the Schedule to this Act of Adjournal.

J.A.D. Hope

Lord Justice General, IPD

Edinburgh,

29th July 1993