Road Traffic Offenders Act 1988

Index to Part III.

Notices on-the-spot etc..

Powers of district court in Scotland.

Effect of offer and payment of penalty.

Disqualification for repeated offences.

Short title, commencement and extent.

Offender escaping consequences of endorseable offence by deception.

False statements in response to notices to owner.

Effect of offer and payment of penalty.

Endorsement where penalty paid.

Short title, commencement and extent.

Application to Crown.

Effect of endorsement on Community licence holders.

Short title, commencement and extent.

44A

• (1) Where the court orders the endorsement of a person's driving record with any particulars or penalty points it must send notice of the order to the Secretary of State.

• (2) On receiving the notice, the Secretary of State must endorse those particulars or penalty points on the person's driving record.

• (3) A notice sent by the court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may require.

45A

• (1) An order that any particulars or penalty points are to be endorsed on a person's driving record shall operate as an order that his driving record is to be so endorsed until the end of the period for which the endorsement remains effective.

• (2) At the end of the period for which the endorsement remains effective the Secretary of State must remove the endorsement from the person's driving record.

• (3) An endorsement ordered on a person's conviction of an offence remains effective (subject to subsections (4) and (5) below)—

• (a) if an order is made for the disqualification of the offender, until four years have elapsed since the conviction, and

• (b) if no such order is made, until either—

• (i) four years have elapsed since the commission of the offence, or

• (ii) an order is made for the disqualification of the offender under section 35 of this Act.

• (4) Where the offence was under one of the following sections of the Road Traffic Act 1988, the endorsement remains effective until four years have elapsed since the conviction—

• (a) section 1 (causing death by dangerous driving),

• (b) section 1A (causing serious injury by dangerous driving),

• (c) section 2 (dangerous driving),

• (d) section 3ZC (causing death by driving: disqualified drivers), or

• (e) section 3ZD (causing serious injury by driving: disqualified drivers).

• (5) Where the offence was one—

• (a) under section 3A, 4(1) , 5(1)(a) or 5A(1)(a) and (2) of that Act (driving offences connected with drink or drugs),

• (b) under section 7(6) of that Act (failing to provide specimen) involving obligatory disqualification, or

• (c) under section 7A(6) of that Act (failing to allow a specimen to be subjected to laboratory test),

the endorsement remains effective until eleven years have elapsed since the conviction.

57A

• (1) Subject to subsection (2) below, where a person ... has been given a fixed penalty notice under section 54 of this Act in respect of an offence involving obligatory endorsement, his driving record may be endorsed in accordance with this section without any order of a court.

• (2) A person's driving record may not be endorsed under this section if at the end of the suspended enforcement period—

• (a) he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and

• (b) the fixed penalty has not been paid in accordance with this Part of this Act.

• (3) If payment of the fixed penalty is made in accordance with this Part before the end of the suspended enforcement period and the person to whom the payment is made is the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record ....

• (4) Where any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine in a case where the fixed penalty is required to be paid to the fixed penalty clerk, the fixed penalty clerk must send to the Secretary of State notice of the relevant particulars which are to be endorsed on the person's driving record ...—

• (a) if he is himself the person who registers the sum, on the registration of that sum, and

• (b) in any other case, on being notified of the registration by the person who registers that sum.

• (5) The Secretary of State must endorse the relevant particulars on the person's driving record if—

• (a) he receives notice of them under subsection (3) or (4) above,

• (b) the fixed penalty is paid to him in accordance with this Part before the end of the suspended enforcement period, or

• (c) in a case where the fixed penalty is required to be paid to the Secretary of State, any sum determined by reference to the fixed penalty is registered under section 71 of this Act for enforcement against the person as a fine.

• (6) References in this section to the relevant particulars are to—

• (a) particulars of the offence, including the date when it was committed, and

• (b) the number of penalty points to be attributed to the offence.

58A

• (1) Where a person's driving record is endorsed under section 57A of this Act he shall be treated for the purposes of sections 13(4), 28, 29 and 45A of this Act and of the Rehabilitation of Offenders Act 1974 as if—

• (a) he had been convicted of the offence,

• (b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and

• (c) the particulars of the offence endorsed by virtue of section 57A(6)(a) of this Act were particulars of his conviction of that offence.

• (2) In relation to any endorsement of a person's driving record under section 57A of this Act, the references in section 13(4) of this Act to any order made on a person's conviction are to be read as references to the endorsement itself.

61A

• (1) This section applies where, on accessing information held on the driving record of a person to whom a fixed penalty notice was given under section 54 of this Act, ... it appears to the fixed penalty clerk or the Secretary of State that the person would be liable to be disqualified under section 35 of this Act if he were convicted of the offence in respect of which the fixed penalty notice was given.

• (2) The person's driving record must not be endorsed under section 57A of this Act.

• (3) In a case where the fixed penalty is required to be paid to the fixed penalty clerk he must not send notice to the Secretary of State under section 57A of this Act but instead must notify the chief officer of police that the person to whom the fixed penalty notice was given would be liable to be disqualified under section 35 of this Act if he were convicted of the offence in respect of which the fixed penalty notice was given ....

• (4) Nothing in this Part of this Act prevents proceedings being brought in respect of the offence in respect of which the fixed penalty notice was given where those proceedings are commenced before the end of the period of six months beginning with the date on which that notice was given.

• (5) Where proceedings in respect of that offence are commenced before the end of that period, the case is from then on to be treated in all respects as if no fixed penalty notice had been given in respect of the offence.

• (6) Accordingly, where proceedings in respect of that offence are so commenced, any action taken in pursuance of this Part of this Act by reference to that fixed penalty notice shall be void (including, but without prejudice to the generality of the preceding provision—

• (a) the registration under section 71 of this Act of any sum, determined by reference to the fixed penalty for that offence, for enforcement against the person to whom the fixed penalty notice was given, and

• (b) any proceedings for enforcing payment of any such sum within the meaning of sections 73 and 74 of this Act (defined in section 74(5))).

• (7) In determining for the purposes of subsection (1) above whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part 1 of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.

Power to impose financial penalty deposit requirement

77A

• (1) Where—

• (a) a conditional offer has been issued to a person (“the alleged offender”) under section 75(1), (2) or (3),

• (b) proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by section 76(2) of this Act,

the fixed penalty clerk must forthwith send to the Secretary of State notice of the relevant particulars to be endorsed on the alleged offender's driving record ....

• (2) The Secretary of State must endorse the relevant particulars on a person's driving record ...—

• (a) on receiving notice under subsection (1) above, or

• (b) in a case where—

• (i) a conditional offer is issued to a person (“the alleged offender”) under section 75(1A) or (3B), and

• (ii) proceedings against the alleged offender are excluded by section 76(2).

• (3) Where in Scotland the appropriate person is the fixed penalty clerk and it appears to him that there is an error in an endorsement made by virtue of this section on a person's driving record, he may send to the Secretary of State notice of the error.

• (4) Subject to subsection (5) below, where a cheque tendered in payment is subsequently dishonoured—

• (a) any endorsement made by the Secretary of State under subsection (2) above remains effective notwithstanding that the alleged offender is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and

• (b) unless the appropriate person is the Secretary of State, the appropriate person must upon expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the person required to be notified that no payment has been made.

• (5) When proceedings are brought against an alleged offender where subsection (4) above applies, the court—

• (a) must order the removal of the fixed penalty endorsement from the driving record of the alleged offender,

• (b) may, on finding the alleged offender guilty, make any competent order of endorsement or disqualification and pass any competent sentence, and

• (c) must send to the Secretary of State notice of any order made under paragraph (a) or (b) above.

• (6) On receiving notice under subsection (3) above, the Secretary of State may correct the error in the endorsement on the driving record; and any endorsement corrected shall be treated for all purposes as if it had been correctly made on receipt of the fixed penalty.

• (7) On receiving a notice under subsection (5)(c) above, the Secretary of State must make any necessary adjustments to the endorsements on the alleged offender's driving record.

• (8) The references in subsection (1) and (2) above to the relevant particulars are to—

• (a) particulars of the offence, including the date when it was committed, and

• (b) the number of penalty points to be attributed to the offence.

• (9) Where a person's driving record is endorsed under this section he shall be treated for the purposes of sections 13(4), 28, 29 and 45A of this Act and of the Rehabilitation of Offenders Act 1974 as if—

• (a) he had been convicted of the offence,

• (b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and

• (c) the particulars of the offence endorsed by virtue of subsection (8)(a) above were particulars of his conviction of that offence.

• (10) In relation to any endorsement of a person's driving record under this section, the references in section 13(4) of this Act to any order made on a person's conviction are to be read as references to the endorsement itself.

84A

Any notice sent to the Secretary of State under this Part must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine.

Power to impose financial penalty deposit requirement

Application to Northern Ireland licence holders

Application to Crown.

97A

• (1) In this Act “driving record”, in relation to a person, means a record in relation to the person maintained by the Secretary of State and designed to be endorsed with particulars relating to offences committed by the person under the Traffic Acts.

• (2) The Secretary of State may make arrangements for the following persons to have access, by such means as the Secretary of State may determine, to information held on a person's driving record—

• (a) courts,

• (b) constables,

• (c) fixed penalty clerks,

• (d) the person in respect of whom the record is maintained and persons authorised by him, and

• (e) other persons prescribed in regulations made by the Secretary of State.

• (3) The power to make regulations under subsection (2)(e) above shall be exercisable by statutory instrument.

• (4) No regulations shall be made under subsection (2)(e) above unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

Short title, commencement and extent.

Effect of offer and payment of penalty.

34BA

• (1) If an application is made to the appropriate national authority for the approval of a course for the purposes of section 34A of this Act, the appropriate national authority must decide whether to grant or refuse the application.

• (2) In reaching that decision the appropriate national authority must have regard to—

• (a) the nature of the course, and

• (b) whether the course provider is an appropriate person to provide the course and administer its provision efficiently and effectively,

and may take into account any recommendations made by any persons appointed to consider the application.

• (3) A course may be approved subject to conditions specified by the appropriate national authority.

• (4) An approval of a course is for the period specified by the appropriate national authority (which must not exceed seven years), subject to withdrawal of approval.

• (5) Regulations made by the appropriate national authority may make provision in relation to the approval of courses and may, in particular, include provision—

• (a) in relation to the making of applications for approval,

• (b) for the payment in respect of applications for approval, or of approvals, (or of both) of fees of such amounts as are prescribed by the regulations,

• (c) specifying the maximum fees that a person may be required to pay for a course and by when they are to be paid,

• (d) for the monitoring of courses and course providers,

• (e) in relation to withdrawing approval,

• (f) for an appeal to lie to the First-tier Tribunal against a refusal of an application for approval, the imposition of conditions on the grant of such an application or the withdrawal of approval, and

• (g) authorising the appropriate national authority to make available (with or without charge) information about courses and course providers.

Appeal against disqualification.

Combination of disqualification and endorsement with probation orders and orders for discharge.

Powers of district court in Scotland.

Short title, commencement and extent.

Effect of offer and payment of penalty.

Application to Northern Ireland licence holders

Application to Crown.

Short title, commencement and extent.

Documentary evidence as to specimens in such proceedings.

Information as to date of birth and sex.

Approval of courses

Exemption from disqualification and endorsement for certain construction and use offences.

False statements in response to notices to owner.

Endorsement of driving records where penalty paid

Offender escaping consequences of endorseable offence by deception.

Application to Northern Ireland licence holders

Endorsement of driving records where penalty paid

Short title, commencement and extent.

Effect of endorsement of driving records

Notices on-the-spot etc..

False statements in response to notices to owner.

Effect of offer and payment of penalty.

Short title, commencement and extent.

Proceedings in which evidence of one witness sufficient in Scotland.

Penalty points to be taken into account on conviction.

35A

• (1) This section applies where a person is convicted in England and Wales of an offence for which the court—

• (a) imposes a custodial sentence, and

• (b) orders the person to be disqualified under section 34 or 35.

• (2) The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

• (3) The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

• (4) The appropriate extension period is—

• (a) where an order under section 321(2) of the Sentencing Code (life sentence: minimum term order) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;

• (b) in the case of a detention and training order within the meaning given by section 233 of that Code (offenders under 18: detention and training orders), a period equal to half the term of that order;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) where section 266 or 279 of that Code (extended sentence for certain violent , sexual or terrorism offences: persons 18 or over) applies in relation to the custodial sentence, but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003 (sentences for terrorist offenders in respect of which no early release possible), a period equal to two-thirds of the term imposed pursuant to section 266(a) or 279(a) of that Code ...;

• (f) where section 254 of that Code (extended sentence for certain violent , sexual or terrorism offences: persons under 18) applies in relation to the custodial sentence, but the sentence is not within section 247A(2A) of the Criminal Justice Act 2003, a period equal to two-thirds of the term imposed pursuant to section 254(a) of that Code ...;

• (fza) in a case that would fall within paragraph (e) or (f) but for the fact that the custodial sentence falls within section 247A(2A) of the Criminal Justice Act 2003, a period equal to the term imposed under section 266(a) or 279(a) or (as the case may be) section 254(a) of the Sentencing Code;

• (fa) in the case of a sentence under section 252A, 265 or 278 of that Code (special custodial sentence for certain offenders of particular concern), a period equal to two-thirds of the term imposed pursuant to section 252A(4)(a), 265(2)(a) or 278(2)(a) of that Code;

• (fb) in the case of a sentence under section 268A or 282A of that Code (serious terrorism sentences), a period equal to the term imposed by the court pursuant to section 268C(2) or 282C(2) of that Code;

• (fc) in the case of a sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender , a period equal to two-thirds of the sentence; —

• (i) where the sentence falls within subsection (4) or (5) of that section, a period equal to one-half of the sentence;

• (ii) where the sentence falls within subsection (6) of that section, a period equal to two-thirds of the sentence;

• (fd) in any other case where section 247A of the Criminal Justice Act 2003 applies to the offender in respect of the custodial sentence, a period equal to two-thirds of the sentence;

• (fe) in the case of any other sentence under section 250 of the Sentencing Code, a period equal to one-half of the sentence;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) in any other case, a period equal to half one-third of the custodial sentence imposed ....

• (5) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) This section does not apply where—

• (a) the custodial sentence was a suspended sentence, or

• (b) the court has made a whole life order under section 321(3) of the Sentencing Code in relation to the custodial sentence.

• (8) Subsection (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in section 243A(3)(a), 244(3)(a) or (aa) or section 244ZA(8)(a) or (aa) ... of the Criminal Justice Act 2003 (release of prisoners in certain circumstances) is to be read as a reference to another proportion (“the new proportion”).

• (9) The Secretary of State may by order—

• (za) if the amending order makes provision in respect of section 244ZA(8)(a) or (aa) of that Act, provide that the proportion specified in subsection (4)(fc)(i) or (ii) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

• (zb) if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(fe) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

• (a) if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) 244(3)(aa) of that Act, provide that the proportion specified in subsection (4)(h) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) An order under subsection (9) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

• (11) In this section—

• “amending order” means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence);

• “custodial sentence” has the meaning given by section 222 of the Sentencing Code;

• “suspended sentence” has the meaning given by section 286 of the Sentencing Code.

35B

• (1) This section applies where a person is convicted in England and Wales of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—

• (a) the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or

• (b) at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.

• (2) In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

• (3) The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

• (4) If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2).

• (5) In this section “custodial sentence” and “suspended sentence” have the same meaning as in section 35A.

Offender escaping consequences of endorseable offence by deception.

Effect of endorsement of driving records

Index to Part III.

Power to impose financial penalty deposit requirement

Effect of offer and payment of penalty.

Endorsement of counterparts where penalty paid.

Penalty for breach of regulations.

Certificates of completion of courses.

Appeal against disqualification.

Powers of district court in Scotland.

In Scotland, court may take extract from licensing records into account.

Reduced disqualification period for attendance on courses.

35C

• (1) This section applies where a person is convicted in Scotland of an offence for which the court—

• (a) imposes a sentence of imprisonment, and

• (b) orders the person to be disqualified under section 34 or 35.

• (2) The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

• (3) The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

• (4) The appropriate extension period is—

• (a) in the case of a life prisoner, a period equal to the punishment part of the life sentence;

• (aa) in the case of a person serving a serious terrorism sentence, a period equal to the appropriate custodial term;

• (ab) in the case of a person serving an extended sentence that falls within section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), a period equal to the custodial term;

• (ac) in the case of a person serving an extended sentence in respect of which section 1AB(3) to (5) of the 1993 Act applies to the person, a period equal to two-thirds of the custodial term;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in the case of a person serving any other extended sentence, a period equal to half the custodial term;

• (ca) in the case of a person serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), a period equal to two-thirds of the appropriate custodial term;

• (cb) in the case of a person serving any other sentence of imprisonment in respect of which section 1AB of the 1993 Act applies to the person, a period equal to two-thirds of the sentence;

• (d) in any other case, a period equal to half the sentence of imprisonment imposed.

• (5) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

• (6) For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.

• (7) Subsection (8) applies where an amending order provides for a reference in section 1(1) or (3) or 1AB(3)(a) of the 1993 Act to a particular proportion of a prisoner’s sentence to be construed as a reference to some other proportion (“the new proportion”) specified in the order.

• (8) The Secretary of State may by order provide that the proportion specified in subsection (4)(ac), (c), (ca), (cb) or (d) of this section is to be read, in the case of a sentence of imprisonment to which the amending order applies, as a reference to the new proportion.

• (9) An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

• (10) In this section—

• “amending order” means an order made by the Scottish Ministers under section 27(2)(b) of the 1993 Act;

• “appropriate custodial term”—in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act;in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section;

• “custodial term” has the meaning given by section 210A(2)(a) of the 1995 Act;

• ...

• ...

• “extended sentence” has the meaning given by section 210A of the 1995 Act;

• “life prisoner” has the meaning given by section 2(1) of the 1993 Act;

• “punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act;

• “sentence of imprisonment” includes—an order for detention in residential accommodation under section 44 of the 1995 Act, anda sentence of detention under section 205, 205ZA(7), 205ZC(4), 207 or 208 of the 1995 Act;

• “serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act.

35D

• (1) This section applies where a person is convicted in Scotland of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—

• (a) the court proposes to impose on the person a sentence of imprisonment for another offence, or

• (b) at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired.

• (2) In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

• (3) The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment.

• (4) If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2).

• (5) In this section “sentence of imprisonment” has the same meaning as in section 35C.

Effect of order of disqualification.

Orders for endorsement

“Owner”, “statutory statement” and “official form”.

Effect of offer and payment of penalty.

Effect of order of disqualification.

Surrender of licence to Secretary of State where disqualified

37A

• (1) This section applies where—

• (a) a person who is the holder of a licence is disqualified by an order of a court, and

• (b) the Secretary of State is not already in receipt of the licence.

• (2) The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served.

• (3) A notice under subsection (2) may be served on a person—

• (a) by delivering it to the person,

• (b) by leaving it at the person’s proper address, or

• (c) by sending it to the person by post.

• (4) A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence.

• (5) For the purposes of—

• (a) subsection (3), and

• (b) section 7 of the Interpretation Act 1978 in its application to subsection (3),

a person’s “proper address” is the person’s latest address as known to the Secretary of State.

Appeal against disqualification.

Rule for determining end of period of disqualification.

Exemption from disqualification and endorsement for certain construction and use offences.

PART 3B — Courses offered as alternative to prosecution

Power to charge fees: England and Wales

90G

• (1) A policing body may charge a fee for enrolment on an approved course offered as an alternative to prosecution in England and Wales for a specified fixed penalty offence.

• (2) A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety.

• (3) The Secretary of State may by regulations make further provision about—

• (a) how fees, or components of fees, are to be calculated;

• (b) the level of fees or components of fees;

• (c) the use of fee income.

• (4) The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee.

• (5) In this section—

• “approved course” means a course approved (whether before or after this section comes into force) by a body specified in regulations under subsection (6);

• “fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 (see section 51);

• “policing body” means—a local policing body, orthe British Transport Police Authority;

• “promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles;

• “prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course);

• “specified fixed penalty offence” means an offence specified under subsection (6).

• (6) The Secretary of State may by regulations—

• (a) specify fixed penalty offences for the purposes of this section;

• (b) specify a body to approve courses for the purposes of this section.

• (7) Nothing in this section limits any power to charge fees apart from this section.

Power to prevent courses being offered for repeat offences: England and Wales

90H

• (1) The Secretary of State may by regulations prohibit a chief officer from offering an approved course to a person as an alternative to prosecution in England and Wales for a specified fixed penalty offence where—

• (a) there is a course fee, and

• (b) the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence.

• (2) The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar.

• (3) In this section “chief officer” means—

• (a) a chief officer of police of a police force in England and Wales, or

• (b) the Chief Constable of the British Transport Police Force.

• (4) In this section the following terms have the meaning given by section 90G(5)—

• “approved course”;

• “prosecution”;

• “specified fixed penalty offence”.

Further provision about regulations under this Part

90I

• (1) A power to make regulations under this Part is exercisable by statutory instrument.

• (2) A statutory instrument containing regulations made by the Secretary of State under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Regulations under this Part may include—

• (a) incidental or supplementary provision;

• (b) different provision for different purposes.