Citation and commencement1
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) 19882
1
The Act of Adjournal (Consolidation) 19882 shall be amended in accordance with the following sub-paragraphs.
2
After rule 83C (form of supervised attendance order)3, insert the following rule:–
Reduction of disqualification period for drink-drive offenders83D
1
In this rule–
“the Act of 1988” means the Road Traffic Offenders Act 19884;
“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)5, insert the following rule:–
Reduction of disqualification period for drink-drive offenders126D
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 19886.
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 19907) 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.