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.

J.A.D. HopeLord Justice General, IPDEdinburgh,