Police, Crime, Sentencing and Courts Bill (HL Bill 95)

continued    Part 6 continued    

 Republic of Ireland), after sub-paragraph (ba) insert—

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

Armed Forces Act 2006 (c. 52)

45In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (road traffic
offences 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
10careless, or inconsiderate, driving,”.

Section 94

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)15For 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)20In 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)25after 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)30in 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)35Omit 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)40the 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)the Secretary of State is required under section 57A(5)
5or 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
State”;

(e)10in paragraph (e), after the first “the” insert “person’s driving record
or”;

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

(7)Omit subsection (4).

(8)15Omit 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
subsection applies (see section 2), by notice served on the person
20revoke the person’s licence.”

(3)Omit subsection (1ZA).

(4)In subsection (1A)—

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

(b)in paragraph (b), at the beginning insert “if the Secretary of State is
25already in receipt of it,”.

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

4After section 3 insert—

“3A Surrender of licences

(1)Where—

(a)30the 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
Secretary of State before the end of the period of 28 days beginning
35with 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)is liable on summary conviction to a fine not exceeding level
403 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
Northern 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
5Secretary 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
10Secretary 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)15paragraph 1(2A);

(b)paragraph 2(1);

(c)paragraph 3 and the heading before it;

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

(3)In paragraph 5—

(a)20for sub-paragraph (1) substitute—

“(1)Where—

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

(b)the person satisfies the conditions in section 2(1)(b)
25to (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)the person’s driving record, licence or test
certificate shows the date on which the person
30became a qualified driver,

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

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

(c)35in sub-paragraph (1A)—

(i)omit “or (1ZA)”;

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

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

(4)40After paragraph 5 insert—

“Surrender of test certificate

5A(1)Where—

(a)the Secretary of State is required under paragraph 5(1) or
(1B) to serve a notice on a person revoking the person’s test
45certificate, and

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

the notice may also require the person to surrender the test
certificate to the Secretary of State before the end of the period of
528 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)is guilty of an offence, and

(b)is liable on summary conviction to a fine not exceeding
10level 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
under sub-paragraph (1), the Secretary of State must send it to the
licensing authority in Northern Ireland.”

(5)15In 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)Where—

(a)20there 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)the Secretary of State is satisfied that the person has
25been 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,

the Secretary of State must by notice served on the person
30revoke 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)in sub-paragraph (1A)—

(i)35omit “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
of it, the Northern Ireland licence, and

(b)40if 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—

“Surrender of licence and test certificate

8A(1)45Where—

(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)the Secretary of State is not already in receipt of the licence
5or 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
which the notice is served.

(2)10A 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
level 3 on the standard scale.

(3)15Where 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)In paragraph 9(1), omit “or (1ZA)”.

(10)20In paragraph 10(a), omit “or (1ZA)” in both places.

Section 95

Schedule 9 Surrender of licences: minor and consequential amendments

Part 1 Amendments to the Road Traffic Offenders Act 1988

125The 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)omit “, or” at the end of paragraph (a);

(b)30omit 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)In subsection (9)—

(a)35omit “, 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
accordance 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
5endorsements) 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)10Section 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
15under section 54 of this Act”.

(3)In 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
20penalty procedures) is amended as follows.

(2)In 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)25Section 70 (registration certificates) is amended as follows.

(2)In 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)30In subsection (6)—

(a)omit “, 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)35after paragraph (b) insert “, or

(c)that 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
read 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
5Victims 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
section 92(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)10In subsection (1), in the definition of “chief officer of police”, omit “(except
in the definition of “authorised person”)”.

15(1)Section 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
15paragraph (c) insert—

“(ca)section 37A,”.

17In section 91A(1) (application to Community licence holders)—

(a)omit “and (9)(b),”;

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

18(1)20Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended
as follows.

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

(3)In paragraph 2(d)—

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

(b)25for “3(5)” substitute “5A(2) or 8A(2)”.

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

35Part 2 Amendments to other Acts

Road 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)Section 164 (power of constables to require production of driving licence and
5in 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)section 37A of the Road Traffic Offenders Act 1988, or

(b)10section 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
produced, may seize it and deliver it to the Secretary of State.

(5B)15In 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).

24In section 166 (powers of certain officers as respects goods vehicles and
20passenger-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
of licence: Great Britain), omit subsection (3).

25Part 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
(which amends section 47 of the Road Traffic Offenders Act 1988).

30Access 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)paragraph 144 (which amends section 27 of that Act);

(c)35paragraph 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
amends 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)5paragraph 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.

3110In section 10, omit—

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

(b)subsections (10) and (11) (which amend section 57A of that Act).

32In Schedule 1, omit—

(a)15paragraph 3(8) (which amends section 54 of the Road Traffic
Offenders Act 1988);

(b)paragraph 4 (which amends section 56 of that Act);

(c)paragraph 18(5) (which amends section 79 of that Act);

(d)paragraph 25 (which amends section 2 of the Road Traffic (New
20Drivers) Act 1995);

(e)paragraph 26(3) and (4) (which amend section 3 of that Act);

(f)paragraph 27(2), (3), (4), (5)(a) and (b), (6), (7), (8)(a) and (b), (9) and
(10) (which amend Schedule 1 to that Act).

33In Schedule 2, omit paragraph 25(2)(b) (which amends section 76 of the Road
25Traffic Offenders Act 1988).

34In Schedule 3, omit—

(a)paragraph 5(3) and (4) (which amend section 93 of the Road Traffic
Act 1988);

(b)paragraph 9(5) (which amends section 99 of that Act);

(c)30paragraph 26(6) (which amends section 164 of that Act);

(d)paragraph 32(3) and (4) (which amend section 26 of the Road Traffic
Offenders Act 1988);

(e)paragraph 33(5) (which amends section 27 of that Act);

(f)paragraph 44(3) (which amends section 47 of that Act);

(g)35paragraph 46 (which amends section 56 of that Act);

(h)paragraph 49(3) (which amends section 61A of that Act);

(i)paragraph 54 (which amends section 77A of that Act);

(j)paragraph 67(2), (3)(a) and (b) and (4) (which amend section 2 of the
Road Traffic (New Drivers) Act 1995);

(k)40paragraph 68 (which amends section 3 of that Act);

(l)paragraph 70 (which amends Schedule 1 to that Act).

Criminal Justice and Courts Act 2015 (c. 2)

35In Schedule 11 to the Criminal Justice and Courts Act 2015, omit—

(a)paragraph 9 (which amends section 7 of the Road Traffic Offenders
Act 1988);

(b)paragraph 11 (which amends section 27 of that Act).

Section 118

Schedule 10 5Cautions: consequential amendments

Rehabilitation of Offenders Act 1974 (c. 53)

1The Rehabilitation of Offenders Act 1974 is amended as follows.

2In section 8A (protection afforded to spent cautions), in subsection (2)—

(a)for paragraph (a) substitute—

“(aa)10a diversionary caution under Part 6 of the Police,
Crime, Sentencing and Courts Act 2022;

(ab)a community caution under that Part of that Act;

(ac)a caution given under section 22 of the Criminal
Justice Act 2003 (conditional cautions) in respect of an
15offence committed before the coming into force of
section 117 of the Police, Crime, Sentencing and
Courts Act 2022;

(ad)a caution given under section 66A of the Crime and
Disorder Act 1998 (conditional cautions for children
20and young persons);”;

in paragraph (d), for “(a) or” substitute “(aa) to”.

3(1)Schedule 2 (protection for spent cautions) is amended as follows.

(2)In paragraph 1(1)(a), for the words from “conditional” to “section 8A(2)(a))”
substitute “caution referred to in section 8A(2)(aa), (ac) or (ad)”.

(3)25In paragraph 2(1)(f), for “conditional caution” substitute “caution referred to
in section 8A(2)(aa) to (ad)”.

Bail Act 1976 (c. 63)

4The Bail Act 1976 is amended as follows.

5In section 3A (conditions of bail in case of police bail), in subsection (1), for
30“Part 3 of the Criminal Justice Act 2003” substitute “Part 6 of the Police,
Crime, Sentencing and Courts Act 2022”.

6In section 5A (supplementary provision in case of police bail), in subsection
(1), for “Part 3 of the Criminal Justice Act 2003” substitute “Part 6 of the
Police, Crime, Sentencing and Courts Act 2022”.

735Paragraphs 5 and 6 do not affect the operation of the Bail Act 1976 in relation
to bail granted under Part 3 of the Criminal Justice Act 2003 in relation to
offences committed before the day on which section 117(2) comes into force.

Matrimonial and Family Proceedings Act 1984 (c. 42)

8In section 31R of the Matrimonial and Family Proceedings Act 1984