Road Traffic Offenders Act 1988

• (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.