Police, Crime, Sentencing and Courts Bill (HL Bill 40)

continued    Part 6 continued    

Procedural rules

12Criminal Procedure Rules may make provision about proceedings under
this Schedule, other than proceedings for an order under paragraph 2 that
relates to material that consists of or includes journalistic material.

5Costs

13The costs of any application under this Schedule and of anything done or to
be done in pursuance of an order made under it shall be in the discretion of
the judge.

Interpretation

1410In this Schedule—

• “journalistic material” has the same meaning as in the Police and
  Criminal Evidence Act 1984 (see section 13 of that Act);

• “judge” means a Circuit judge, a qualifying judge advocate (within the
  meaning of the Senior Courts Act 1981) or a District Judge
  15(Magistrates’ Courts).

Section 67

Schedule 7 Road traffic offences: minor and consequential amendments

Road Traffic Act 1988 (c. 52)

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

(2)20In section 12E (effect of motor race order), in the table in subsection (3)—

(a)after the entry relating to section 2B of the Road Traffic Act 1988
(causing death by careless, or inconsiderate, driving), insert—

(b)in the entry relating to section 3ZB (causing death by driving:
unlicensed, disqualified or uninsured drivers), in the second column
omit “, disqualified”, and

(c)30after the entry relating to section 3ZB insert—

(3)In section 12H (races and trials of speed in Scotland: further provision), in
subsection (3), after “2B” insert “, 2C”.

(4)In section 13A(1) (disapplication of sections 1 to 3 for authorised motoring
events), after “2B” insert “, 2C”.

5Road Traffic Offenders Act 1988 (c. 55)

2(1)The Road Traffic Offenders Act 1988 is amended as follows.

(2)In section 24 (alternative verdicts: general), in subsection (1), in the table—

(a)in the entry relating to section 1A of the Road Traffic Act 1988
(causing serious injury by dangerous driving), in the second column,
10after “Section 2 (dangerous driving)” insert “Section 2C (causing
serious injury by careless, or inconsiderate, driving)”, and

(b)after the entry relating to section 2B of that Act (causing death by
careless, or inconsiderate, driving), insert—

(3)In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in the table
20after paragraph 4, after the entry relating to section 2B of the Road Traffic
Act 1988 (causing death by careless, or inconsiderate, driving) insert—

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

3In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act
2003 (application of duty to give notice of driving disqualification to
30Republic of Ireland), after sub-paragraph (ba) insert—

“(bb)section 2C (causing serious injury by careless, or
inconsiderate, driving),”.

Armed Forces Act 2006 (c. 52)

4In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (road traffic
35offences in relation to which duty to notify service police of possible
corresponding service offence arises)—

(a)after “1A,” insert “2C,”, and

(b)after “injury by dangerous driving,” insert “causing serious injury by
careless, or inconsiderate, driving,”.

Section 74

Schedule 8 Surrender of licences and test certificates by new drivers

1The Road Traffic (New Drivers) Act 1995 is amended as follows.

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

(2)5For the heading substitute “Persons to whom section 3(1) applies”.

(3)Before subsection (1), insert—

“(A1)Section 3(1) (revocation of licences) applies to a person who—

(a)is the holder of a licence, and

(b)satisfies the conditions in subsection (1) or (3).”

(4)10In subsection (1)—

(a)for “Subsection (2) applies where—” substitute “A person satisfies
the conditions in this subsection if—”;

(b)omit paragraph (a);

(c)in paragraph (b), for “he” substitute “the person”;

(d)15after paragraph (d), insert—

“(da)the Secretary of State is required under section 44A(2)
of that Act to endorse the person’s driving record
with particulars of the offence and the penalty points
to be attributed to it;”;

(e)20in paragraph (e)—

(i)after “person’s” insert “driving record or”;

(ii)omit “, or that date has been shown by other evidence in the
proceedings”;

(f)in paragraph (f), for “court” substitute “Secretary of State”.

(5)25Omit subsection (2).

(6)In subsection (3)—

(a)for “Subsection (4) applies where—” substitute “A person satisfies
the conditions in this subsection if—”;

(b)for paragraph (a), substitute—

“(a)30the person has been given a fixed penalty notice
under section 54 of the Road Traffic Offenders Act
1988 or a conditional offer has been issued to the
person under section 75 of that Act;”;

(c)for paragraph (c), substitute—

“(c)35the Secretary of State is required under section 57A(5)
or 77A(2) of that Act to endorse the person’s driving
record with particulars of the offence and the penalty
points to be attributed to it;”;

(d)in paragraph (d), for “appropriate person” substitute “Secretary of
40State”;

(e)in paragraph (e), after the first “the” insert “person’s driving record
or”;

(f)in paragraph (f), for “appropriate person” substitute “Secretary of
State”.

(7)45Omit subsection (4).

(8)Omit subsection (7).

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

(2)For subsection (1) substitute—

“(1)The Secretary of State must, in the case of a person to whom this
5subsection applies (see section 2), by notice served on the person
revoke the person’s licence.”

(3)Omit subsection (1ZA).

(4)In subsection (1A)—

(a)in the words before paragraph (a), omit “or (1ZA)”;

(b)10in paragraph (b), at the beginning insert “if the Secretary of State is
already in receipt of it,”.

(5)In subsection (1B), omit “or (1ZA)”.

4After section 3 insert—

“3A Surrender of licences

(1)15Where—

(a)the Secretary of State is required under section 3(1) or (1B) to
serve a notice on a person revoking the person’s licence, and

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

the notice may also require the person to surrender the licence to the
20Secretary of State before the end of the period of 28 days beginning
with the date on which the notice is served.

(2)A person who, without reasonable excuse, fails to comply with a
requirement imposed under subsection (1)—

(a)is guilty of an offence, and

(b)25is liable on summary conviction to a fine not exceeding level
3 on the standard scale.

(3)Where the Secretary of State receives a Northern Ireland licence
pursuant to a requirement to surrender it imposed under subsection
(1), the Secretary of State must send it to the licensing authority in
30Northern Ireland.”

5In section 9, for subsection (5) (interpretation: address for sending licences,
test certificates etc) substitute—

“(5)Any requirement under any provision of this Act that—

(a)a licence, a test certificate or a notice must be sent to the
35Secretary of State, or

(b)a licence or a test certificate must be surrendered to the
Secretary of State,

is a requirement that the licence, test certificate or notice must be
sent, or the licence or test certificate must be surrendered, to the
40Secretary of State at such address as the Secretary of State may
determine.”

6(1)Schedule 1 (newly qualified drivers holding test certificates) is amended as
follows.

(2)Omit—

(a)paragraph 1(2A);

(b)paragraph 2(1);

(c)paragraph 3 and the heading before it;

(d)5paragraph 4 and the italic heading before it.

(3)In paragraph 5—

(a)for sub-paragraph (1) substitute—

“(1)Where—

(a)there is a person to whom this Part of this Schedule
10applies,

(b)the person satisfies the conditions in section 2(1)(b)
to (da) and (f) or (3)(a) to (d) and (f),

(c)the Secretary of State is satisfied that the person has
been issued with a test certificate, and

(d)15the person’s driving record, licence or test
certificate shows the date on which the person
became a qualified driver,

the Secretary of State must by notice served on the person
revoke the person’s test certificate and this sub-paragraph
20applies to the person instead of section 3(1).”;

(b)omit sub-paragraph (1ZA);

(c)in sub-paragraph (1A)—

(i)omit “or (1ZA)”;

(ii)after “with” insert “, if the Secretary of State is already in
25receipt of it,”;

(d)in sub-paragraph (1B), omit “or (1ZA)”.

(4)After paragraph 5 insert—

“Surrender of test certificate

5A(1)Where—

(a)30the Secretary of State is required under paragraph 5(1) or
(1B) to serve a notice on a person revoking the person’s test
certificate, and

(b)the Secretary of State is not already in receipt of the test
certificate,

35the notice may also require the person to surrender the test
certificate to the Secretary of State before the end of the period of
28 days beginning with the date on which the notice is served.

(2)A person who, without reasonable excuse, fails to comply with a
requirement imposed under sub-paragraph (1)—

(a)40is guilty of an offence, and

(b)is liable on summary conviction to a fine not exceeding
level 3 on the standard scale.

(3)Where the Secretary of State receives a Northern Ireland test
certificate pursuant to a requirement to surrender it imposed
45under sub-paragraph (1), the Secretary of State must send it to the
licensing authority in Northern Ireland.”

(5)In paragraph 6(1), omit “or (1ZA)”.

(6)Omit paragraph 7 and the italic heading before it.

(7)In paragraph 8—

(a)for sub-paragraph (1) substitute—

“(1)5Where—

(a)there is a person to whom this Part of this Schedule
applies,

(b)the person satisfies the conditions in section 2(1)(b)
to (da) and (f) or (3)(a) to (d) and (f),

(c)10the Secretary of State is satisfied that the person has
been issued with a test certificate, and

(d)the person’s driving record, licence or test
certificate shows the date on which the person
became a qualified driver,

15the Secretary of State must by notice served on the person
revoke the person’s licence and test certificate and this
sub-paragraph applies to the person instead of section
3(1).”;

(b)omit sub-paragraph (1ZA);

(c)20in sub-paragraph (1A)—

(i)omit “or (1ZA)”, and

(ii)for “the Northern Ireland licence and the Northern Ireland
test certificate” substitute “—

(a)if the Secretary of State is already in receipt
25of it, the Northern Ireland licence, and

(b)if the Secretary of State is already in receipt
of it, the Northern Ireland test certificate.”;

(d)in sub-paragraph (1B), omit “or (1ZA)”.

(8)After paragraph 8 insert—

30“Surrender of licence and test certificate

8A(1)Where—

(a)the Secretary of State is required under paragraph 8(1) or
(1B) to serve a notice on a person revoking the person’s
licence and test certificate, and

(b)35the Secretary of State is not already in receipt of the licence
or test certificate,

the notice may also require the person to surrender the licence, or
test certificate, or both (as the case may be) to the Secretary of State
before the end of the period of 28 days beginning with the date on
40which the notice is served.

(2)A person who, without reasonable excuse, fails to comply with a
requirement imposed under sub-paragraph (1)—

(a)is guilty of an offence, and

(b)is liable on summary conviction to a fine not exceeding
45level 3 on the standard scale.

(3)Where the Secretary of State receives a Northern Ireland licence or
a Northern Ireland test certificate pursuant to a requirement to
surrender it imposed under sub-paragraph (1), the Secretary of
State must send it to the licensing authority in Northern Ireland.”

(9)5In paragraph 9(1), omit “or (1ZA)”.

(10)In paragraph 10(a), omit “or (1ZA)” in both places.

Section 75

Schedule 9 Surrender of licences: minor and consequential amendments

Part 1 10Amendments to the Road Traffic Offenders Act 1988

1The Road Traffic Offenders Act 1988 is amended as follows.

2(1)Section 2 (requirement of warning etc: supplementary) is amended as
follows.

(2)In subsection (2)—

(a)15omit “, or” at the end of paragraph (a);

(b)omit paragraph (b).

3(1)Section 26 (interim disqualification) is amended as follows.

(2)In subsection (8), omit “has not caused it to be delivered, or has not posted
it, in accordance with section 7 of this Act and”.

(3)20In subsection (9)—

(a)omit “, or” at the end of paragraph (a);

(b)omit paragraph (b).

4(1)Section 27 (production of licence) is amended as follows.

(2)In subsection (3), omit “has not caused it to be delivered, or posted it, in
25accordance with section 7 of this Act and”.

(3)Omit subsection (4) (which has already been repealed as it extends to
Scotland).

(4)Omit subsections (4A) and (5).

5(1)Section 47 (supplementary provisions as to disqualifications and
30endorsements) is amended as follows.

(2)In subsection (2), omit “a court orders the endorsement of a person’s driving
record it may, and where”.

(3)Omit subsection (2A).

6Omit section 56 (licence receipts).

7(1)35Section 57A (endorsement of driving records without hearings) is amended
as follows.

(2)In subsection (3)—

(a)after “penalty is made” insert “in accordance with this Part”;

(b)omit “and return to that person any licence surrendered by him
under section 54 of this Act”.

(3)5In subsection (4), omit “and return to that person any licence surrendered by
him under section 54 of this Act”.

(4)In subsection (5)(b), after “him” insert “in accordance with this Part”.

8(1)Section 61A (fixed penalty notice mistakenly given: exclusion of fixed
penalty procedures) is amended as follows.

(2)10In subsection (3), omit “and send the chief officer of police any licence sent
to him under section 54(7) of this Act”.

9(1)Section 69 (payment of penalty) is amended as follows.

(2)In subsection (1), omit “or authorised person”.

10(1)Section 70 (registration certificates) is amended as follows.

(2)15In subsection (2A)(a), omit “or given by an authorised person”.

(3)In subsection (3A)(a), omit “or given by an authorised person”.

11(1)Section 79 (statements by constables) is amended as follows.

(2)In subsection (1), omit “or a notice under section 54(5) of this Act”.

(3)In subsection (6)—

(a)20omit “, and” at the end of paragraph (a);

(b)omit paragraph (b).

12In section 80 (certificates about payment)—

(a)in the heading, after “payment” insert “etc”;

(b)after paragraph (b) insert “, or

(c)25that the identification requirements specified in
section 69(3C) or 75(8B) have been fulfilled,”;

(c)in the words after paragraph (b), for “it” substitute “the penalty”.

13(1)In section 84(a) (regulations), omit “54(5), 56,”.

(2)The reference in sub-paragraph (1) of this paragraph to section 84(a) is to be
30read as a reference to section 84(1)(a), if the condition in sub-paragraph (3)
is met.

(3)The condition is that section 16(3) of the Domestic Violence, Crime and
Victims Act 2004 (which amends section 84) comes into force before the
repeal of section 54(5) of the Road Traffic Offenders Act 1988 made by
35section 72(3)(b) of this Act.

14(1)Section 89 (interpretation) is amended as follows.

(2)In subsection (1), omit the definition of “authorised person”.

(3)In subsection (1), in the definition of “chief officer of police”, omit “(except
in the definition of “authorised person”)”.

15(1)40Section 90 (index to Part 3) is amended as follows.

(2)In the table, omit the entry for “authorised person”.

16In section 91ZA(1) (application to Northern Ireland licence holders), after
paragraph (c) insert—

“(ca)section 37A,”.

175In section 91A(1) (application to Community licence holders)—

(a)omit “and (9)(b)”;

(b)for “and 27” substitute “, 27 and 37A”.

18(1)Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended
as follows.

(2)10In paragraph 2(a), after “section” insert “37A or”.

(3)In paragraph 2(d)—

(a)after “under” insert “section 3A(2) or”;

(b)for “3(5)” substitute “5A(2) or 8A(2)”.

19In Part 1 of Schedule 2 (prosecution and punishment of offences), in the
15entry relating to section 27 of the Road Traffic Offenders Act 1988, for the
words in column 2 (general nature of offence) substitute—

Part 2 Amendments to other Acts

25Road Traffic Act 1988 (c. 52)

20The Road Traffic Act 1988 is amended as follows.

21In section 93 (revocation of licence because of disability or prospective
disability), omit subsection (4).

22In section 99 (duration of licences), omit subsection (6).

23(1)30Section 164 (power of constables to require production of driving licence and
in certain cases statement of date of birth) is amended as follows.

(2)After subsection (5), insert—

“(5A)If a person is required to surrender the person’s licence or test
certificate to the Secretary of State under—

(a)35section 37A of the Road Traffic Offenders Act 1988, or

(b)section 3A of, or paragraph 5A or 8A of Schedule 1 to, the
Road Traffic (New Drivers) Act 1995,

and fails to do so, a constable or vehicle examiner may require the
person to produce the licence or test certificate and, upon its being
40produced, may seize it and deliver it to the Secretary of State.

(5B)In subsection (5A), “test certificate” has the same meaning as in
Schedule 1 to the Road Traffic (New Drivers) Act 1995.”

(3)In subsection (6), for “(7) to” substitute “(8) and”.

(4)Omit subsection (7).

245In section 166 (powers of certain officers as respects goods vehicles and
passenger-carrying vehicles), for “164(1) or (3)” substitute “164(1), (3) or
(5A)”.

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

25In section 63 of the Crime (International Co-operation) Act 2003 (production
10of licence: Great Britain), omit subsection (3).

Part 3 Consequential repeals of amending enactments

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

26In Schedule 2 to the Road Traffic (New Drivers) Act 1995, omit paragraph 4
15(which amends section 47 of the Road Traffic Offenders Act 1988).

Access to Justice Act 1999 (c. 22)

27In Schedule 13 to the Access to Justice Act 1999, omit—

(a)paragraph 141 (which amends section 7 of the Road Traffic
Offenders Act 1988);

(b)20paragraph 144 (which amends section 27 of that Act);

(c)paragraph 173 (which amends paragraph 3 of Schedule 1 to the Road
Traffic (New Drivers) Act 1995).

Police Reform Act 2002 (c. 30)

28In section 76 of the Police Reform Act 2002, omit subsection (2) (which
25amends section 54 of the Road Traffic Offenders Act 1988).

Courts Act 2003 (c. 39)

29In Schedule 8 to the Courts Act 2003, omit—

(a)paragraph 310 (which amends section 7 of the Road Traffic
Offenders Act 1988);

(b)30paragraph 313 (which amends section 27 of that Act);

(c)paragraph 365 (which amends paragraph 3 of Schedule 1 to the Road
Traffic (New Drivers) Act 1995).

Road Safety Act 2006 (c. 49)

30The Road Safety Act 2006 is amended as follows.

3135In section 10, omit—

(a)subsections (5) and (6) (which amend section 54 of the Road Traffic
Offenders Act 1988);