Legalize / United Kingdom / Public General Act

Road Safety Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2023-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

In the definition of “private hire vehicle” in section 1(1)(a) of the Private Hire Vehicles (London) Act 1998 (c. 34) (vehicle, other than a taxi or public service vehicle, seating fewer than nine passengers made available with a driver to the public for hire to carry passengers), omit “to the public”.

Miscellaneous

Trunk road picnic areas

55

In section 112 of the Highways Act 1980 (c. 66) (provision of picnic sites and public conveniences for users of trunk roads)—

(a) in subsection (1)(power to provide trunk road picnic areas), omit “that is not a special road”,

(b) in subsection (3) (power to manage), after “picnic area” insert “ (including, in particular, by enforcing controls on parking there and recovering the costs of doing so) ”,

(c) in subsection (4)(power to make arrangements for the provision of conveniences, facilities, meals or refreshments with anyone other than a council), omit “, other than a council,”, and

(d) in subsection (5)(power to provide conveniences), omit “that is not a special road”.

Vehicles modified to run on fuel stored under pressure

56

(1) The Road Traffic Act 1988 (c. 52) is amended as follows.

(2) Section 41 (regulation of construction, weight, equipment and use of vehicles) is amended as follows.

(3) In subsection (2), after paragraph (b) insert—

(ba) the modification of motor vehicles to enable them to be propelled using fuel stored under pressure,

(4) After that subsection insert—

(2A) Regulations under this section with respect to the modification of motor vehicles to enable them to be propelled using fuel stored under pressure may include provision— (a) as to the examination, by persons authorised in accordance with regulations, of motor vehicles that have been so modified, the issuing of certificates by them in respect of such vehicles and the making of charges by them, (b) requiring authorised persons to notify the Secretary of State of any such examinations carried out by them, (c) as to appeals against any decision by an authorised person not to issue a certificate, (d) as to applications to the Secretary of State for authorisation and charges in connection with them, (e) imposing or providing for the imposition of conditions to be complied with by authorised persons, (f) as to the withdrawal of authorisations.

(5) In section 66 (regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions), after subsection (7) insert—

(7A) The Secretary of State may by regulations provide, in relation to vehicles required to be examined and certified by regulations under section 41(2A)(a) of this Act, that the first licence for such a vehicle under the Vehicle Excise and Registration Act 1994 for a period after the requirement applies to the vehicle is to be granted only if evidence is provided that a certificate has been issued in accordance with those regulations.

Powers to regulate transport of radioactive material

57

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Minor corrections

58

(1) In section 88(1) of the Road Traffic Act 1988 (c. 52) (exceptions to requirement to hold driving licence), after “any class” insert “ at any time ”.

(2) In section 105(5) of that Act (regulations: “the relevant provisions of the Road Traffic Offenders Act 1988”), after “34” insert “ , 35 ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 79(1) of that Act (statements by constables), for “54(3)” substitute “ 54(4) ”.

(5) In section 90 of that Act (index of expressions)—

(a) in the entry relating to the expression “conditional offer”, for “75(3)” substitute “ 75(5) ”, and

(b) in the entry relating to “fixed penalty clerk”, for “75(4)” substitute “ 75(6) ”.

(6) In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 94A of the Road Traffic Act 1988 insert—

RTA section 99(5)	Driving licence holder failing to surrender licence and counterpart.	Section 6 of this Act.

Supplementary

Repeals and revocations

59

Schedule 7 contains repeals and revocations (including repeals of some spent enactments).

Power to make amendments

60

(1) The Secretary of State may by order make such amendments (including repeals and revocations) as may appear appropriate in consequence of any provision contained in this Act—

(a) in any enactment contained in an Act passed, and

(b) in any instrument made,

before, or in the same Session as that in which, the provision comes into force.

(2) An order under subsection (1) may include any appropriate transitional provisions or savings.

(3) The power to make an order under subsection (1) is exercisable by statutory instrument.

(4) No order shall be made under subsection (1) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Commencement

61

(1) The preceding provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint (but subject to subsections (7) to (10)).

(2) Different days may be appointed for different purposes.

(3) Any provision of this Act which alters any penalty for an offence has effect only in relation to offences committed after the coming into force of the provision.

(4) Section 2B of the Road Traffic Act 1988 (c. 52) (inserted by section 20) has effect only in relation to driving occurring after the coming into force of that section; and section 3ZB of that Act (inserted by section 21) has effect only in relation to driving occurring after the coming into force of that section.

(5) In relation to an offence under section 2B or 3ZB of the Road Traffic Act 1988 committed before 2 May 2022, the references in column 4 of Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) relating to offences under those sections have effect with the omission of the words “the general limit in a magistrates’ court (in England and Wales) or” and “(in Scotland)”.

(6) The Secretary of State may by order made by statutory instrument make such transitional provisions and savings as he considers appropriate in connection with the coming into force of any provision of this Act.

(7) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) section 1, and

(b) section 49.

(8) The day on which sections 8 and 9 and Schedule 2 (and the repeals contained in Schedule 7 under the heading “Endorsement: unlicensed and foreign drivers”) come into force must be—

(a) later than the day on which section 5 and Schedule 1 (and the repeals contained in Schedule 7 under the heading “Giving of fixed penalty notices by vehicle examiners”) come into force, but

(b) earlier than the day on which section 10 and Schedule 3 (and the repeals contained in Schedule 7 under the heading “Endorsement: all drivers”) come into force.

(9) Sections 51, 58 and 60, and the repeals contained in Schedule 7 under the heading “Spent enactments” (and section 59 so far as relating to them), come into force on the day on which this Act is passed; but—

(a) section 51(2) does not affect anything done or omitted to be done before that day, and

(b) section 58(6) has effect only in relation to offences committed on or after that day.

(10) Any power to make an order or regulations which is conferred by any provision of this Act may be exercised at any time after the passing of this Act.

Extent

62

(1) Section 1 extends only to England and Wales.

(2) Section 11(3) and Schedule 4, section 16 and section 51 extend only to England and Wales and Scotland.

(3) Section 49(2) extends only to Northern Ireland.

(4) Apart from the amendments made by sections 1 and 46, the amendments (and repeals and revocations) made by this Act have the same extent as the enactments and instruments amended (or repealed or revoked).

Short title

63

This Act may be cited as the Road Safety Act 2006.

SCHEDULE 1

Road Traffic Offenders Act 1988 (c. 53)

1

Part 3 of the Road Traffic Offenders Act 1988 (fixed penalties) is amended as follows.

2

In section 52(3)(c) (fixed penalty notice must state to whom and where fixed penalty may be paid), for the words from the beginning to “to” substitute “ the person to ”.

3

(1) Section 54 (notices on-the-spot or at a police station) is amended as follows.

(2) In subsection (1), after “uniform” insert “ , or a vehicle examiner who produces his authority, ”.

(3) In subsection (2), after “constable” insert “ or vehicle examiner ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In the heading, for “or at a police station” substitute “ etc. ”

4

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5

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6

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7

In section 62(1) (fixing notices to vehicles), after “constable” insert “ or a vehicle examiner ”.

8

(1) Section 63 (service of notice to owner if penalty not paid) is amended as follows.

(2) In subsection (2), for “chief officer of police” substitute “ relevant person ”.

(3) After that subsection insert—

(2A) In this section “the relevant person” means— (a) if the fixed penalty notice was fixed by a constable, the chief officer of police, and (b) if it was fixed by a vehicle examiner, the Secretary of State.

(4) In subsection (4)(c), for “chief officer of police by or on whose behalf the notice was served” substitute “ relevant person ”.

9

(1) Section 66 (hired vehicles) is amended as follows.

(2) In subsection (1)(c), for “chief officer of police by or on whose behalf the notice was served” substitute “ relevant person ”.

(3) In subsection (5), for “chief officer of police” substitute “ person ”.

(4) In subsection (8), after the definition of “hiring agreement” insert—

“relevant person” means— (a) if the fixed penalty notice was fixed by a constable, the chief officer of police by or on whose behalf the notice to owner was served, and (b) if it was fixed by a vehicle examiner, the Secretary of State, and

10

In section 68(4) (meaning of “official form”), after “police” insert “ or the Secretary of State ”.

11

(1) Section 69 (payment of fixed penalty) is amended as follows.

(2) In subsection (1), for “Payment of a fixed penalty under this Part of this Act” substitute “ Where a fixed penalty notice has been given or fixed by a constable or authorised person under this Part of this Act, payment of the fixed penalty ”.

(3) After that subsection insert—

(1A) Where a fixed penalty notice has been given or fixed by a vehicle examiner, or given by the Secretary of State, under this Part of this Act, payment of the fixed penalty must be made to the Secretary of State.

(4) In subsection (3), after “clerk” insert “ , or the Secretary of State, ”.

12

(1) Section 70 (registration certificates) is amended as follows.

(2) In subsection (2), for “chief officer of police” substitute “ relevant person ”.

(3) After that subsection insert—

(2A) In subsection (2) above “the relevant person” means— (a) if the fixed penalty notice in question was given or fixed by a constable or given by an authorised person, the chief officer of police, and (b) if it was given or fixed by a vehicle examiner or given by the Secretary of State, the Secretary of State.

(4) In subsection (3), for “fixed penalty clerk” substitute “ appropriate person ”.

(5) After that subsection insert—

(3A) In subsection (3) above “the appropriate person” means— (a) if the fixed penalty notice in question was given or fixed by a constable or given by an authorised person, the fixed penalty clerk, and (b) if it was given or fixed by a vehicle examiner or given by the Secretary of State, the Secretary of State.

(6) In subsection (4), for “the chief officer of police or the fixed penalty clerk” substitute “ a person ”.

13

(1) Section 72 (notices on-the-spot or at a police station: when registration and endorsement invalid) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the heading, for “or at a police station” substitute “ etc. ”

14

(1) Section 73 (notices fixed to vehicles: when registration invalid) is amended as follows.

(2) In subsection (4), for—

(a) “the chief officer of police”, and

(b) “that chief officer of police”,

substitute “ the relevant person ”.

(3) After that subsection insert—

(4A) In subsection (4) above “the relevant person” means— (a) if the fixed penalty notice concerned was fixed by a constable, the fixed penalty clerk, and (b) if it was fixed by a vehicle examiner, the Secretary of State.

(4) In subsection (5), omit—

(a) “by or on behalf of the chief officer of police”, and

(b) “such”.

(5) In subsection (7)—

(a) omit “by or on behalf of the chief officer of police”, and

(b) for “he” substitute “ the person by whom it is served ”.

15

(1) Section 75 (issue of conditional offer) is amended as follows.

(2) After subsection (1) insert—

(1A) Where in England and Wales— (a) a vehicle examiner has reason to believe that a fixed penalty offence has been committed, and (b) no fixed penalty notice in respect of the offence has been given under section 54 of this Act or fixed to a vehicle under section 62 of this Act, a notice under this section may be sent to the alleged offender by the Secretary of State.

(3) After subsection (3A) insert—

(3B) Where in Scotland a vehicle examiner— (a) on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person, (b) in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the Secretary of State may send to the alleged offender, a notice under this section.

(4) In subsection (4), for “and (3)” substitute “ to (3B) ”.

(5) In subsection (6), for “person issues a conditional offer” substitute “ conditional offer is issued by a person under subsection (1), (2) or (3) above ”.

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

(7) After subsection (11) insert—

(11A) In this section and sections 76 and 77 of this Act “the appropriate person” means— (a) where the conditional offer was issued under subsection (1), (2) or (3) above, the fixed penalty clerk, and (b) where the conditional offer was issued under subsection (1A) or (3B) above, the Secretary of State.

16

(1) Section 76 (effect of order and payment of penalty) is amended as follows.

(2) In subsection (1), for “sent” substitute “ issued ”.

(3) For subsections (2) to (5) substitute—

(2) Where the alleged offender makes payment of the fixed penalty in accordance with the conditional offer, no proceedings shall be brought against him for the offence to which the offer relates unless subsection (3) below applies. (3) This subsection applies where— (a) it appears to the appropriate person, on inspecting the licence and its counterpart, that the alleged offender would be liable to be disqualified under section 35 of this Act if he were convicted of the offence to which the conditional offer relates, (b) the appropriate person returns the payment to the alleged offender together with his licence and its counterpart, and (c) where the appropriate person is not the Secretary of State, the appropriate person gives notice that he has done so to the person required to be notified. (4) Where the requirements specified in the conditional offer in accordance with sub-paragraphs (i) and (ii) of section 75(8)(a) of this Act have not been fulfilled, no proceedings shall be brought against the alleged offender for the offence to which the offer relates— (a) until the end of the period of twenty-eight days following the date on which the conditional offer was made, or such longer period as may be specified in the offer, and (b) where the appropriate person is not the Secretary of State, unless the appropriate person notifies the person required to be notified that proceedings may be brought by virtue of this subsection. (5) In this section and section 77 of this Act “the person required to be notified” means— (a) if the conditional offer was issued under subsection (1) of section 75 of this Act, the chief officer of police, (b) if it was issued under subsection (2) of that section, the procurator fiscal, and (c) if it was issued under subsection (3) of that section, the chief constable or (as the case may be) the chief constable of the British Transport Police Force.

(4) In subsection (6), for “(4)(b)” substitute “ (3)(a) ”.

(5) In subsection (7), for—

(a) “the fixed penalty clerk”, and

(b) “that clerk”,

substitute “ the appropriate person ”.

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

(7) In subsection (9), for “(2)(b)” substitute “ (5)(b) or (c) ”.

17

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18

(1) Section 79 (statements by constables) is amended as follows.

(2) In subsection (1)—

(a) after “constable”, in the first place, insert “ or vehicle examiner ”,

(b) for “constable's” substitute “ relevant ”, and

(3) In subsection (2)—

(a) for “constable's” substitute “ relevant ”, and

(b) after “committed” insert “ or on behalf of the Secretary of State ”.

(4) In subsections (4) and (5), for “constable's” substitute “ relevant ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

In section 80 (certificates about payment), for “fixed penalty clerk”, in both places, substitute “ person to whom it was required to be paid ”.

20

In section 82(1) (accounting for fixed penalties), after “paid” insert “ to the fixed penalty clerk ”.

21

(1) Section 83 (powers of court where clerk deceived) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the heading, for “where clerk deceived” substitute “ in cases of deception ”.

22

In section 84(1) (regulations), for “75(2) and (3) or 76(5) and (6)” substitute “ 75(1), (1A), (2), (3) or (3B) or 76(3)(c) or (4)(b) ”.

23

In section 89(1) (interpretation), after the definition of “proceedings” insert

and “vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988.

Road Traffic (New Drivers) Act 1995 (c. 13)

24

The Road Traffic (New Drivers) Act 1995 is amended as follows.

25

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26

(1) Section 3 (revocation of licences) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In subsection (2), for “subsection (1) or (1B)” substitute “ this section ”.

27

(1) Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In paragraph 5—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In paragraph 8—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

Public Passenger Vehicles Act 1981 (c. 14)

1

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Road Traffic Offenders Act 1988 (c. 53)

2

The Road Traffic Offenders Act 1988 is amended as follows.

3

In section 28(3) (penalty points to be attributed to an offence), for “and 77(5)” substitute “ , 57A(6), 77(5) and 77A(8) ”.

4

In section 29(1)(b) (penalty points to be taken into account on conviction), after “him” insert “ or on his driving record ”.

5

(1) Section 30 (modification of sections 28 and 29 in case where fixed penalty also in question) is amended as follows.

(2) In subsection (1)(b)—

(a) after “licence” insert “ or his driving record ”, and

(b) for “or 77” substitute “ , 57A, 77 or 77A ”.

(3) In subsection (2)(b)—

(a) after “licence” insert “ or on his driving record ”, and

(b) for “or 77” substitute “ , 57A, 77 or 77A ”.

6

(1) Section 31 (court may take particulars endorsed on licence into consideration) is amended as follows.

(2) For subsection (1) substitute—

(1) Where a person is convicted of an offence involving obligatory or discretionary disqualification— (a) any existing endorsement on the counterpart of his licence or on his driving record is prima facie evidence of the matters endorsed, and (b) the court may, in determining what order to make in pursuance of the conviction, take those matters into consideration.

(3) In the heading, omit “on licence”.

7

In section 36 (disqualification until test passed), after subsection (10) insert—

(10A) Where a person's driving record is endorsed with particulars of a disqualification under this section, it shall also be endorsed with the particulars of any test of competence to drive that he has passed since the order of disqualification was made.

8

(1) Section 42 (removal of disqualification) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) After that subsection insert—

(5AA) If the disqualification was imposed in respect of an offence involving obligatory endorsement, the Secretary of State must, on receiving notice of an order under subsection (5)(a)(ii) above, make any necessary adjustments to the endorsements on the person's driving record to reflect the order.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

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10

After that section insert—

(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) On the issue of a new licence to a person, any particulars ordered to be endorsed on his driving record shall be entered on the counterpart of the licence unless he has become entitled under subsection (4) below to have a licence issued to him with its counterpart free from those particulars or penalty points. (4) A person the counterpart of whose licence has been endorsed under subsection (3) above is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new licence with a counterpart free from the endorsement if he applies for a new licence in pursuance of section 97(1) of the Road Traffic Act 1988, surrenders any subsisting licence and its counterpart, pays the fee prescribed by regulations under Part 3 of that Act and satisfies the other requirements of section 97(1). (5) The period for which an endorsement remains effective is determined in accordance with section 45(5) to (7) of this Act.

11

(1) Section 46 (combination of disqualification and endorsement with certain other orders) is amended as follows.

(2) In subsection (1), for “or 44” substitute “ , 44 or 44A ”.

(3) In subsection (2)(b), insert at the end “ or on his driving record ”.

(4) In subsection (3), for “and 45” substitute “ , 45 and 45A ”.

12

(1) Section 47 (supplementary provisions as to disqualification and endorsements) is amended as follows.

(2) In subsection (3), after “licence” insert “ or a driving record ”.

(3) After that subsection insert—

(3A) On receiving such a notice in relation to a person who is not the holder of a licence, the Secretary of State must make any necessary adjustments to the endorsements on the person's driving record to reflect the outcome of the appeal.

13

In section 48(1)(b) and (2)(b) (exemption from disqualification and endorsement for certain construction and use offences), after “him” insert “ or on his driving record ”.

14

(1) Section 54 (notices on-the-spot etc.) is amended as follows.

(2) In subsection (2), for “subsection (3) below” substitute “ the following provisions of this section ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In subsection (10), for “subsections (3)(b) and (5)(a) above” substitute “ this section ”.

15

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16

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17

After that section insert—

(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.

18

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19

After that section insert—

(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, but who is not the holder of a licence, 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.

20

In section 69(4) (payment of penalty), for “77” substitute “ 77A ”.

21

(1) In section 70(4) (registration certificates), after paragraph (b) insert

and (c) otherwise— (i) if the offence to which the fixed penalty notice or conditional offer relates was committed in England or Wales, cause it to be sent to the designated officer for the local justice area in which the offence was committed, or (ii) if the offence was committed in Scotland, cause it to be sent to the clerk of a court of summary jurisdiction for the area in which the offence was committed.

(2) An order under section 61 may provide that sub-paragraph (1) is to come into force only in relation to an area specified in the order.

(3) If such an order provides that sub-paragraph (1) is to come into force only in relation to an area specified in the order, it may also provide that (unless continued in force by a subsequent order) sub-paragraph (1) is to remain in force there only for a period specified in the order.

22

(1) Section 71 (registration of sums payable in default) is amended as follows.

(2) In subsection (1), after paragraph (a) insert “ or ” and after paragraph (c) insert

or (d) if it appears to him that the defaulter does not reside in England, Wales or Scotland— (i) in a case where the offence to which the fixed penalty notice or conditional offer relates was committed in the local justice area for which he is the designated officer, he must register that sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting in that area, (ii) in a case where it was committed in another local justice area in England and Wales, he must send the certificate to the designated officer for that area, and (iii) in a case where it was committed in Scotland, he must send the certificate to the clerk of a court of summary jurisdiction for the area in which the offence was committed.

(3) In subsection (2), after paragraph (a) insert “ or ” and after paragraph (c) insert

or (d) if it appears to him that the defaulter does not reside in England, Wales or Scotland— (i) in a case where the offence to which the fixed penalty notice or conditional offer relates was committed in the area of the court, he must register that sum for enforcement as a fine by that court, (ii) in a case where it was committed in an area of any other court of summary jurisdiction in Scotland, he must send the certificate to the clerk of that court, and (iii) in a case where it was committed in England or Wales, he must send the certificate to the designated officer for the local justice area in which the offence was committed.

(4) An order under section 61 may provide that sub-paragraphs (1) to (3) are to come into force only in relation to an area specified in the order.

(5) If such an order provides that sub-paragraphs (1) to (3) are to come into force only in relation to an area specified in the order, it may also provide that (unless continued in force by a subsequent order) sub-paragraphs (1) to (3) are to remain in force there only for a period specified in the order.

23

(1) Section 72 (notices on-the-spot etc.: when registration and endorsement invalid) is amended as follows.

(2) After subsection (4) insert—

(4A) Where in any case within subsection (2)(a) above the driving record of the person to whom the relevant fixed penalty notice was given was endorsed under section 57A of this Act in respect of the offence in respect of which the notice was given, the endorsement shall be void.

(3) In subsection (5)(a), after “57” insert “ or 57A ”.

(4) After subsection (6) insert—

(6A) The proper officer of the relevant court must send notice to the Secretary of State of any endorsement of a person's driving record that is void by virtue of this section and the Secretary of State must adjust the endorsements on that record accordingly.

24

(1) Section 75 (issue of conditional offer) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) After subsection (8) insert—

(8A) A conditional offer sent to an alleged offender who is not the holder of a licence must indicate that if the following conditions are fulfilled, that is— (a) within the period of twenty-eight days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender makes payment of the fixed penalty to the appropriate person, and (b) the appropriate person is satisfied, on accessing information held on the driving record of the alleged offender, that if he were convicted of the offence, he would not be liable to be disqualified under section 35 of this Act, any liability to conviction of the offence shall be discharged.

(6) In subsection (9)—

(a) for “condition” substitute “ conditions ”, and

(b) after “(8)(b)” insert “ and (8A)(b) ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

(1) Section 76 (effect of offer and payment of penalty) is amended as follows.

(2) In subsection (3)—

(a) in paragraph (a), after “counterpart” insert “ or (where the alleged offender is not the holder of a licence) accessing information held on his driving record ”, and

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

After that section insert—

(77A) (1) Where— (a) in pursuance of a conditional offer issued under subsection (1), (2) or (3) of section 75 of this Act a person who is not the holder of a licence (referred to in this section as the “alleged offender”) makes payment of the fixed penalty to the fixed penalty clerk, and (b) proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by section 76 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) if, in pursuance of a conditional offer issued under subsection (1A) or (3B) of section 75 of this Act, a person who is not the holder of a licence (also referred to in this section as the “alleged offender”) makes payment of the fixed penalty to him and proceedings against the alleged offender are excluded by section 76 of this Act. (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.

28

(1) Section 83 (powers of court in cases of deception) is amended as follows.

(2) After subsection (1) insert—

(1A) This section also applies where— (a) particulars are endorsed on a person's driving record under section 57A of this Act because the fixed penalty clerk or the Secretary of State is deceived as to whether endorsement under that section is excluded by section 61A(2) of this Act by virtue of the fact 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, or (b) particulars are endorsed on a person's driving record under section 77A of this Act because the appropriate person or court is deceived as to whether proceedings against the person are excluded by section 76 of this Act by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under section 35 of this Act if he were convicted of the offence.

(3) In subsection (2)—

(a) in paragraph (a), for “licence holder” substitute “ person to whom the fixed penalty notice was given or conditional offer was issued ”,

(b) in paragraph (b), for “the licence holder” substitute “ he ”,

(d) after “77” insert “ or 77A ”.

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

After section 84 insert—

(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.

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child Support Act 1991 (c. 48)

33

In section 40B(9) of the Child Support Act 1991 (disqualification from driving: further provision), for “the driving” substitute “ any driving ”.

SCHEDULE 3

Public Passenger Vehicles Act 1981 (c. 14)

1

(1) Section 24 of the Public Passenger Vehicles Act 1981 (regulation of conduct of drivers, inspectors and conductors) (as amended by Schedule 2) is amended as follows.

(2) In subsection (2), for the words from “cause particulars” to the end substitute “ send notice of the particulars of the conviction to the Secretary of State requiring the Secretary of State to endorse them on the person's driving record (within the meaning of section 97A of the Road Traffic Offenders Act 1988) ”.

(3) Omit subsection (3).

Road Traffic Act 1988 (c. 52)

2

The Road Traffic Act 1988 is amended as follows.

3

In section 88(6) (requirement for driving licence: exceptions), omit “, counterparts of licences”.

4

In section 92(7ZB)(a) and (7C) (requirements as to physical fitness of drivers), omit “and its counterpart”.

5

(1) Section 93 (revocation of licence because of disability or prospective disability) is amended as follows.

(2) In subsections (2)(b) and (3), omit “and its counterpart”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

(1) Section 97 (grant of licences) is amended as follows.

(2) In subsection (1)(c)—

(a) in sub-paragraph (i), omit “and its counterpart”,

(b) in sub-paragraph (ia), omit the words from “together” to the end, and

(3) In subsection (1AA), omit—

(a) “together with the counterparts mentioned in that sub-paragraph”, and

(b) “and its Northern Ireland counterpart”.

7

In section 98(1)(c) (form of licence), omit “or its counterpart”.

8

(1) Section 98A (compulsory surrender of old-form licences) (inserted by section 29) is amended as follows.

(2) In subsection (1), omit “and their counterparts”.

(3) In subsection (3), omit “(and their counterparts)”.

(4) In subsection (4), omit “(with its counterpart)”.

(5) In subsection (7), omit “and its counterpart”.

9

(1) Section 99 (duration of licences) is amended as follows.

(2) In subsection (2A), omit “and its counterpart”.

(3) In subsection (3)—

(a) omit paragraph (aa),

(b) in paragraph (b), omit “or in its counterpart”, and

(3A) In subsection (3ZA), omit “and its counterpart”.

(4) In subsection (4), omit “and its counterpart”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In subsection (7), omit “and its counterpart”.

(6A) In subsection (7ZZA)—

(a) omit “and its counterpart” in both places, and

(b) omit “and counterpart” in both places.

(7) In subsection (7ZA) (inserted by section 30), omit “and its counterpart”.

10

In section 99A (authorisation to drive in Great Britain), omit subsections (5) and (6).

11

(1) Section 99B (information about resident Community licence holders) is amended as follows.

(2) Omit subsection (3).

(3) In subsection (4), for “subsections (1) and (3)” substitute “ subsection (1) ”.

(4) In subsection (5), for “a Community licence delivered to him (whether or not in pursuance of this section) in such manner as he may determine” substitute “ the driving record of a person who delivers to him a Community licence (whether or not in pursuance of this section) ”.

(5) Omit subsection (6).

(6) For subsection (7) substitute—

(7) Where the name of a Community licence holder as specified in his Community licence ceases to be correct, he must deliver his Community licence immediately to the Secretary of State and provide him with particulars of the alterations falling to be made in the name on it.

(7) Omit subsection (8).

(8) In subsection (9), after “endorse the Community licence” insert “ and that person's driving record ”.

(9) In subsection (11)(b), omit “(6) or”.

(10) Omit subsection (12).

12

(1) Section 99C (revocation of authorisation conferred by Community licence because of disability or prospective disability) is amended as follows.

(2) In subsections (1) to (4), omit “and its counterpart (if any)” in each place.

(3) Omit subsection (5).

13

(1) Section 105 (regulations) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), for “Community licences and counterparts of such licences” substitute “ and Community licences ”,

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

(d) omit paragraph (ea).

(3) In subsection (5), for “and 91ZA to 91B” substitute “ , 91ZA and 91A ”.

14

In section 108 (interpretation), omit the definition of “counterpart”.

15

In section 109 (provisions as to Northern Ireland drivers' licences), for subsection (2) substitute—

(2) For the purposes of this Act, any driver holding a Northern Ireland licence shall be under the same obligation to produce such a licence as if it had been a licence granted under this Part of this Act, and the provisions of this Act as to the production of licences granted under this Part of this Act shall apply accordingly.

16

(1) Section 109A (counterparts issued to Northern Ireland licence holders) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) The Secretary of State may endorse the driving record of a Northern Ireland licence holder who delivers to him a Northern Ireland licence together with the information specified in, or required under, subsection (3) below with any part of that information.

(3) For subsections (4) and (5) substitute—

(4) Where the name of a Northern Ireland licence holder as specified in his Northern Ireland licence ceases to be correct, he may deliver his Northern Ireland licence immediately to the Secretary of State and provide him with particulars of the alterations falling to be made in the name on it. (5) On the delivery of a Northern Ireland licence by any person in pursuance of subsection (4) above, the Secretary of State may endorse the Northern Ireland licence and that person's driving record with the correct name and must return the Northern Ireland licence to that person.

(4) In the heading, for “Counterparts issued to” substitute “ Information about ”.

17

(1) Section 109B (revocation of authorisation conferred by Northern Ireland licence because of disability or prospective disability) is amended as follows.

(2) In subsection (1), omit the words from “together” to the end.

(3) In subsection (2)—

(a) in paragraph (a), omit “together with the relevant counterparts”, and

(b) in paragraph (b), omit “and those counterparts”.

(4) In subsection (4), omit “and the relevant counterparts”.

(5) Omit subsection (5).

18

In section 115A(1) (community licence holders: cessation of authorisation), omit “and its counterpart (if any)”.

19

In section 117A (community licences: disqualification, etc.), omit “and its counterpart (if any)” in both places.

20

(1) Section 118 (revoked or suspended licences: surrender, return and endorsement) is amended as follows.

(2) In subsection (1), omit “and its counterpart”.

(3) For subsection (2) substitute—

(2) Where, in pursuance of section 115 of this Act, the Secretary of State suspends a licence, he must (unless the holder of the licence has already delivered his licence to a traffic commissioner on a reference under section 116 of this Act) serve notice on the holder of the licence requiring him to deliver the licence forthwith to the Secretary of State at the address specified in the notice, and it shall be the duty of the holder of the licence to comply with the requirement. (2A) On the delivery of the licence or, where the licence has already been delivered to a traffic commissioner, on suspending the licence, the Secretary of State must endorse the particulars of the suspension on the licence holder's driving record. (2B) The Secretary of State or, as the case may be, the traffic commissioner, must then return the licence to the holder.

(4) In subsection (4), omit “and its counterpart”.

(5) Omit subsection (5).

21

In section 121 (interpretation), omit the definition of “counterpart”.

22

In section 122(3) (provisions as to Northern Ireland licences)—

(a) for “and its counterpart are” substitute “ is ”, and

(b) for “them” substitute “ it ”.

23

In section 125A(8) (registration of disabled persons), in paragraph (c) of the definition of “disabled person's limited driving licence”, omit “and a counterpart of that licence”.

24

In section 141A(5) (interpretation of Part 5) (as substituted by Schedule 6), omit “and “counterpart”, in relation to a Community licence”.

25

In section 142 (index to Part 5) (as substituted by Schedule 6), omit “and counterpart”.

26

(1) Section 164 (power of constables to require production of driving licence and in certain cases statement of date of birth) is amended as follows.

(2) Omit “and its counterpart” in each place.

(3) In subsection (1), for “they were” substitute “ it was ”.

(4) In subsection (3)—

(a) for “their” substitute “ its ”, and

(b) for “them”, in both places, substitute “ it ”.

(5) In subsection (5)—

(a) for “them”, in each place, substitute “ it ”, and

(b) for “their” substitute “ its ”.

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

(7) In subsection (8)—

(a) for “them”, in each place, substitute “ it ”, and

(b) for “their” substitute “ its ”.

(8) In subsection (11), omit the reference to “counterpart”.

27

In section 167(a) (power of arrest in Scotland for reckless or careless driving or cycling), for the words from “and the counterpart” to the end substitute “ or, as the case may be, his Northern Ireland licence or Community licence within the meaning of that Part. ”

28

(1) Section 173 (forgery of documents etc.) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), omit the words from “or” to the end, and

(b) omit paragraph (aa).

(3) In subsection (4), omit “ “counterpart”,”.

29

In section 176 (power to seize articles), omit subsections (1A), (3A) and (8).

Road Traffic Offenders Act 1988 (c. 53)

30

The Road Traffic Offenders Act 1988 (as amended by Schedule 2) is amended as follows.

31

In section 7(1) (duty of accused to provide licence), omit the words from “and the foregoing” to the end.

32

(1) Section 26 (interim disqualification) is amended as follows.

(2) In subsection (7)—

(a) in paragraph (a), omit “and its counterpart”, and

(b) in paragraph (b), omit “and counterpart” and for “them” substitute “ it ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Omit subsection (14).

33

(1) Section 27 (production of licence) is amended as follows.

(2) Omit “and its counterpart” in each place.

(3) In subsection (1), for “them” substitute “ it ”.

(4) In subsection (3)(b), for “are produced” substitute “ is produced ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

In section 28(3) (penalty points to be attributed to an offence), for “57(5), 57A(6), 77(5)” substitute “ 57A(6) ”.

35

(1) Section 29 (penalty points to be taken into account on conviction) is amended as follows.

(2) In subsection (1)(b), omit “the counterpart of any licence held by him or on”.

(3) Omit subsection (3).

36

(1) Section 30 (modification of sections 28 and 29 in case where fixed penalty also in question) is amended as follows.

(2) In subsection (1)(b)—

(a) omit “the counterpart of his licence or”, and

(b) for “57, 57A, 77” substitute “ 57A ”.

(3) In subsection (2)(b)—

(a) omit “on the counterpart of his licence or”, and

(b) for “57, 57A, 77” substitute “ 57A ”.

37

In section 31(1) (court may take particulars endorsed into consideration), omit “the counterpart of his licence or on”.

38

Omit section 32 (in Scotland court may take extract from licensing records into account).

39

In section 36 (disqualification until test passed), omit subsection (10).

40

(1) Section 42 (removal of disqualification) is amended as follows.

(2) In subsection (5), for paragraph (a) substitute—

(a) must send notice of the order to the Secretary of State,

(3) Omit subsection (5A).

(4) In subsection (5AA), for “(5)(a)(ii)” substitute “ (5)(a) ”.

(5) In subsection (5B), for “(5)(a)(ii) or (5A)” substitute “ (5)(a) ”.

41

Omit section 45 (effect of endorsement of counterparts).

42

In section 45A (effect of endorsement of driving records), for subsections (3) to (5) substitute—

(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 one under section 1 or 2 of the Road Traffic Act 1988 (causing death by dangerous driving and dangerous driving), the endorsement remains in any case effective until four years have elapsed since the conviction. (5) Where the offence was one— (a) under section 3A, 4(1) or 5(1)(a) 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.

43

In section 46(2)(b) (combination of disqualification and endorsement with probation orders and orders for discharge), omit “the counterpart of any licence held by him or on”.

44

(1) Section 47 (supplementary provisions as to disqualifications and endorsements) is amended as follows.

(2) For subsection (2) substitute—

(2) Where a court orders the endorsement of a person's driving record it may, and where a court orders a person to be disqualified for a period of 56 days or more it must, send any licence of the person that is produced to the court, to the Secretary of State.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (3), omit “a licence or”.

(5) In subsection (3A), omit “in relation to a person who is not the holder of a licence,”.

(6) In subsection (4), omit “and the counterpart of a licence”.

45

(1) Section 48 (exemption from disqualification and endorsement for certain construction and use offences) is amended as follows.

(2) In subsections (1) and (2), omit “the counterpart of any licence held by him or on”.

(3) Omit subsection (3).

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

Omit section 58 (effect of endorsement of counterpart without hearing).

48

Omit section 61 (fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures).

49

(1) Section 61A (fixed penalty notice mistakenly given to unlicensed person: exclusion of fixed penalty procedures) is amended as follows.

(2) In subsection (1), omit “but who is not the holder of a licence,”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In the heading, omit “to unlicensed person”.

50

(1) Section 72 (notices on-the-spot etc.: when registration and endorsement invalid) is amended as follows.

(2) Omit subsection (4).

(3) In subsection (5), omit “57 or”.

(4) Omit subsection (6).

51

(1) Section 75 (issue of conditional offer) is amended as follows.

(2) In subsections (5) and (6), for “, 77 and 77A”, substitute “ and 77A ”.

(3) Omit subsection (8).

(4) In subsection (8A)—

(a) omit “who is not the holder of a licence”, and

(b) in paragraph (a), for the words after “offender” substitute—

(i) makes payment of the fixed penalty to the appropriate person, and (ii) where he is the holder of a licence and the offence to which the offer relates is an offence involving obligatory endorsement, at the same time delivers his licence to the appropriate person, and

(5) In subsection (11A), for “, 77 and 77A”, substitute “ and 77A ”.

(6) Omit subsection (12).

52

(1) Section 76 (effect of offer and payment of penalty) is amended as follows.

(2) In subsection (3)—

(a) in paragraph (a), omit “inspecting the licence and its counterpart or (where the alleged offender is not the holder of a licence)” and for “his” substitute “ the alleged offender's ”, and

(b) in paragraph (b), omit “and its counterpart”.

(3) In subsection (4), for “75(8)(a) or (8A)(a)” substitute “ 75(8A)(a) ”.

(4) Omit subsection (8).

53

Omit section 77 (endorsement of counterparts where penalty paid).

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

(1) Section 83 (powers of court in cases of deception) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (1A), omit “also”.

(4) In subsection (2), omit—

(a) “57 or”, and

(b) “77 or”.

56

In section 84(1)(a) (regulations), for “54(4) or (5C)” substitute “ 54(5) ”.

57

(1) Section 91ZA (application to Northern Ireland licence holders) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b), omit “and (9)(b)”,

(b) omit paragraphs (d) to (f),

(d) in paragraph (k), omit “, (3) and (3A)”, and

(e) omit paragraph (l).

(3) Omit subsections (3) to (6).

(4) In subsection (7)—

(a) omit “and its counterpart (if any)”, and

(b) for “their” substitute “ its ”.

(5) In subsection (8), omit “and its counterpart”.

(6) In subsection (9)—

(a) in paragraph (a), for “subsection (5) above” substitute “ section 44A above of an order for the endorsement of a person's driving record ”, and

(b) in paragraph (b)(i), after “licence” insert “ , or a person normally resident in Northern Ireland who does not hold a licence, ”.

58

Omit section 91ZB (effect of endorsement on Northern Ireland licence holders).

59

(1) Section 91A (application to Community licence holders) is amended as follows.

(2) In subsection (1), for the words from “27” to “48(1) and (2)” substitute “ and 32 ”.

(3) Omit subsections (2) to (4).

(4) In subsection (5)—

(a) omit “and its counterpart (if any)”, and

(b) for “their” substitute “ its ”.

(5) Omit subsection (6).

(6) For subsection (7) substitute—

(7) Where— (a) a notice is sent to the Secretary of State under section 44A above for the endorsement of a person's driving record with any particulars or penalty points, and (b) the particulars contained in the notice include— (i) particulars of an offence in respect of which the holder of a Community licence, or a person normally resident in another EEA state who does not hold a licence, is disqualified by an order of a court, and (ii) particulars of the disqualification, the Secretary of State must send a notice containing the particulars mentioned in paragraph (b)(i) and (ii) to the licensing authority in the EEA state in respect of which the Community licence was issued or, where the person disqualified is not the holder of a licence, the licensing authority in the EEA state where the person is normally resident. (7A) Where a Community licence has been sent to the Secretary of State in pursuance of subsection (5) above, he must return the Community licence to the holder— (a) on the expiry of the period of disqualification, or (b) if earlier, on being satisfied that the holder has left Great Britain and is not normally resident there.

(7) Omit subsections (8) to (10).

60

Omit section 91B (effect of endorsement on Community licence holders).

61

In section 98(1) (interpretation)—

(a) in the definition of “the provisions connected with the licensing of drivers”, for “91ZA to 91B” substitute “ 91ZA, 91A ”, and

(b) in the words following the definition of “the Traffic Acts”, omit “counterpart”,”.

62

(1) Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.

(2) In the entries relating to sections 98A(7) and 99(5) of the Road Traffic Act 1988 (c. 52), omit “and counterpart”.

(3) In the entry relating to section 164(6) of that Act, omit “and counterpart etc.”.

63

(1) Part 1 of Schedule 2 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.

(2) In the entries relating to the following provisions, omit “and counterpart”—

(a) section 92(7C) of the Road Traffic Act 1988,

(b) section 93(3) of that Act,

(d) section 99(5) of that Act,

(e) section 118 of that Act,

(f) section 26 of the Road Traffic Offenders Act 1988 (c. 53), and

(g) section 27 of that Act.

(3) In the entry relating to section 164 of the Road Traffic Act 1988, omit “or counterpart etc.”.

(4) In the entry relating to section 173 of that Act, omit “counterparts of Community licences,”.

64

In Schedule 5 (Scotland: additional offences open to conditional offer), in the entry relating to section 99(5) of the Road Traffic Act 1988, omit—

(a) “and its counterpart”, and

(b) “and counterpart”.

Child Support Act 1991 (c. 48)

65

(1) Section 40B of the Child Support Act 1991 (disqualification from driving: further provision) is amended as follows.

(2) In subsection (4), omit the words from “and” to the end.

(3) In subsection (9)—

(a) omit “and its counterpart”, and

(b) for “their” substitute “ its ”.

Road Traffic (New Drivers) Act 1995 (c. 13)

66

The Road Traffic (New Drivers) Act 1995 is amended as follows.

67

(1) Section 2 (surrender of licences) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (3)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(i) before “endorsed” insert “ to be ”, and

(ii) for “counterpart of the licence” substitute “ person's driving record ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69

In section 9(5) (interpretation etc.), omit “and its counterpart” in both places.

70

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crime (International Co-operation) Act 2003 (c. 32)

74

The Crime (International Co-operation) Act 2003 is amended as follows.

75

(1) Section 63 (production of licence: Great Britain) is amended as follows.

(2) Omit “and its counterpart” in each place.

(3) In subsections (3)(b) and (4)(b), for “them” substitute “ it ”.

(4) In subsection (7), omit the second sentence.

76

(1) Section 64 (production of licence: Northern Ireland) is amended as follows.

(2) Omit “and its counterpart” in each place.

(3) In subsections (3)(b) and (4)(b), for “them” substitute “ it ”.

(4) In subsection (7), omit the second sentence.

77

(1) Section 68 (endorsement of licence: Great Britain) is amended as follows.

(2) For subsections (2) to (5) substitute—

(2) The Secretary of State must secure that the particulars of the disqualification are endorsed on the person's driving record until the end of the period for which the endorsement remains effective. (3) 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) For subsection (7) substitute—

(7) Where the person ceases to be disqualified by virtue of section 57(6), the Secretary of State must endorse the relevant particulars on his driving record. In this section and section 69 “driving record” has the meaning given by section 97A of the Road Traffic Offenders Act 1988.

78

(1) Section 69 (endorsement of licence: Northern Ireland) is amended as follows.

(2) For subsections (2) to (5) substitute—

(2) The Department must secure that the particulars of the disqualification are endorsed on the person's driving record until the end of the period for which the endorsement remains effective. (3) At the end of the period for which the endorsement remains effective the Department must secure that the endorsement is removed from the person's driving record.

(3) For subsection (7) substitute—

(7) Where the person ceases to be disqualified by virtue of section 57(6), the Department must secure that the relevant particulars are endorsed on his driving record.

79

In section 74(1) (interpretation), omit the definition of “counterpart”.

Criminal Justice Act 2003 (c. 44)

80

(1) Section 301 of the Criminal Justice Act 2003 (fine defaulters: driving disqualification) is amended as follows.

(2) In subsection (6)—

(a) in paragraph (a), omit “together with its counterpart”, and

(b) in paragraph (b), omit “and its counterpart (if any)”.

(3) In subsection (7), omit the definition of “counterpart”.

SCHEDULE 4

Cases to which regulations may apply

1

The Secretary of State may make regulations with respect to any case where, on or after such date as may be prescribed, the driving of a vehicle has been prohibited under—

(a) section 99A(1) of the Transport Act 1968 (c. 73) (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers' hours),

(b) section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) (powers to prohibit driving of foreign goods vehicles and foreign public service vehicles),

(c) section 69 or 70 of the Road Traffic Act 1988 (c. 52) (powers to prohibit driving of unfit or overloaded vehicles), or

(d) section 90D of the Road Traffic Offenders Act 1988 (c. 53) (power to prohibit driving of vehicle on failure to make payment in compliance with financial penalty deposit requirement).

Immobilisation

2

(1) The regulations may provide that an authorised person or a person acting under his direction may—

(a) fix an immobilisation device to the vehicle, and

(b) move the vehicle, or direct it to be moved, for the purpose of enabling an immobilisation device to be fitted it.

(2) The regulations may provide that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations the person fixing the device must also fix to the vehicle a notice—

(a) indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device,

(b) specifying the steps to be taken to secure its release, and

(3) The regulations may provide that a vehicle to which an immobilisation device has been fixed in accordance with the regulations—

(a) may only be released from the device by or under the direction of an authorised person, but

(b) subject to that, must be released from the device if the first and second requirements specified below are met.

(4) The first requirement is that such charge in respect of the release as may be prescribed is paid in any manner specified in the immobilisation notice.

(5) The second requirement is that, in accordance with instructions specified in the immobilisation notice, there is produced such evidence as may be prescribed establishing that the prohibition has been removed.

(6) The regulations may provide that they do not apply in relation to a vehicle if—

(a) a current disabled person's badge is displayed on the vehicle, or

(b) such other conditions as may be prescribed are fulfilled,

and “disabled person's badge” means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44).

(7) The regulations may provide that an immobilisation notice is not to be removed or interfered with except by or on the authority of a person falling within a prescribed description.

Offences connected with immobilisation etc.

3

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