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(3) In section 99 (duration of licences), after subsection (3) there is inserted— | |
“(3A) Where— | |
(a) the Secretary of State is sent under a provision of Northern | |
Ireland law corresponding to section 97(1AA) of this Act a | |
licence granted under this Part of this Act to a person to drive a | 5 |
motor vehicle of any class, and | |
(b) the Secretary of State is satisfied that a Northern Ireland licence | |
to drive a motor vehicle of that or a corresponding class has | |
been granted to that person, | |
the Secretary of State must serve notice in writing on that person | 10 |
revoking the licence granted under this Part of this Act.” | |
(4) In section 102 (disqualification to prevent duplication of licences), at the end | |
there is inserted— | |
“(2) A person is also disqualified for holding or obtaining a licence | |
authorising him to drive a motor vehicle of any class so long as he is | 15 |
authorised by virtue of section 109(1) of this Act to drive a motor | |
vehicle of that or a corresponding class.” | |
79 Disability and prospective disability | |
(1) The Road Traffic Act 1988 (c. 52) is amended as follows. | |
(2) After section 109A (as inserted by section 77 of this Act) there is inserted— | 20 |
“109B Revocation of authorisation conferred by Northern Ireland licence | |
because of disability or prospective disability | |
(1) If the Secretary of State is at any time satisfied on inquiry— | |
(a) that a Northern Ireland licence holder is suffering from a | |
relevant disability, and | 25 |
(b) that he would be required by virtue of section 92(3) of this Act | |
to refuse an application made by the holder at that time for a | |
licence authorising him to drive a vehicle of the class in respect | |
of which his Northern Ireland licence was issued or a class | |
corresponding to that class, | 30 |
he may serve notice in writing requiring the licence holder to deliver | |
immediately to the Secretary of State his Northern Ireland licence | |
together with its Northern Ireland counterpart and its counterpart (if | |
any) issued to him under this Part of this Act (“the relevant | |
counterparts”). | 35 |
(2) If the Secretary of State is satisfied on inquiry that a Northern Ireland | |
licence holder is suffering from a prospective disability, he may— | |
(a) serve notice in writing on the Northern Ireland licence holder | |
requiring him to deliver immediately to the Secretary of State | |
his Northern Ireland licence together with the relevant | 40 |
counterparts, and | |
(b) on receipt of the Northern Ireland licence and those | |
counterparts and of an application made for the purposes of this | |
subsection, grant to the Northern Ireland licence holder, free of | |
charge, a licence for a period determined by the Secretary of | 45 |
State under section 99(1)(b) of this Act. | |
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(3) The Secretary of State may require a person to provide— | |
(a) evidence of his name, address, sex and date and place of birth, | |
and | |
(b) a photograph which is a current likeness of him, | |
before granting a licence to him on an application for the purposes of | 5 |
subsection (2) above. | |
(4) A person who— | |
(a) is required under, or by virtue of, this section to deliver to the | |
Secretary of State his Northern Ireland licence and the relevant | |
counterparts, but | 10 |
(b) without reasonable excuse, fails to do so, | |
is guilty of an offence. | |
(5) Where a Northern Ireland licence holder to whom a counterpart is | |
issued under section 109A of this Act— | |
(a) is required under, or by virtue of, this section to deliver his | 15 |
Northern Ireland licence and that counterpart to the Secretary | |
of State, and | |
(b) is not in possession of them in consequence of the fact that he | |
has surrendered them to a constable or authorised person | |
(within the meaning of Part 3 of the Road Traffic Offenders Act | 20 |
1988) on receiving a fixed penalty notice given to him under | |
section 54 of that Act, | |
he does not fail to comply with any such requirement if he delivers | |
them to the Secretary of State immediately on their return. | |
(6) Where a Northern Ireland licence holder is served with a notice in | 25 |
pursuance of this section, he shall cease to be authorised by virtue of | |
section 109(1) of this Act to drive in Great Britain a motor vehicle of any | |
class from such date as may be specified in the notice, not being earlier | |
than the date of service of the notice. | |
(7) Where a Northern Ireland licence is delivered to the Secretary of State | 30 |
in pursuance of this section, he must— | |
(a) send the licence and its Northern Ireland counterpart to the | |
licensing authority in Northern Ireland, and | |
(b) explain to them his reasons for so doing. | |
109C Information relating to disabilities etc | 35 |
Section 94 of this Act shall apply to a Northern Ireland licence holder | |
who is normally resident in Great Britain as if— | |
(a) in subsection (1), for the words from the beginning to “aware” | |
there were substituted “If a Northern Ireland licence holder | |
who is authorised by virtue of section 109(1) of this Act to drive | 40 |
in Great Britain a motor vehicle of any class, is aware | |
immediately before the relevant date, or becomes aware on or | |
after that date”, | |
(b) after that subsection there were inserted— | |
“(1A) For the purposes of subsection (1) “relevant date” means— | 45 |
(a) in the case where the licence holder first became | |
normally resident in Great Britain on or before the date | |
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on which section 79 of the Crime (International Co- | |
operation) Act 2003 comes into force, that date; and | |
(b) in any other case, the date on which he first became so | |
resident.”, | |
(c) for subsection (3A) there were substituted— | 5 |
“(3A) A person who— | |
(a) is authorised by virtue of section 109(1) of this Act to | |
drive in Great Britain a motor vehicle of any class, and | |
(b) drives on a road a motor vehicle of that class, | |
is guilty of an offence if at any earlier time while he was so | 10 |
authorised he was required by subsection (1) above to notify the | |
Secretary of State but has failed without reasonable excuse to do | |
so.”, | |
(d) in subsection (4), the words “an applicant for, or” (in both | |
places) were omitted, | 15 |
(e) in subsection (5), the words “applicant or” and the words from | |
the beginning of paragraph (c) to “provisional licence” were | |
omitted, | |
(f) in subsection (6)(b), the words “applicant or” (in both places) | |
were omitted, | 20 |
(g) in subsection (7), the words “applicant or” were omitted, and | |
(h) in subsection (8)— | |
(i) for “93” there were substituted “109B”, and | |
(ii) the words “applicant or” (in both places) were omitted.” | |
(3) In section 93 (revocation of licence because of disability or prospective | 25 |
disability)— | |
(a) in subsection (2A), at the end there is inserted “or subsection (6) below”, | |
(b) at the end there is inserted— | |
“(5) Where the Secretary of State— | |
(a) is at any time sent by the licensing authority in Northern | 30 |
Ireland a licence under a provision of Northern Ireland | |
law corresponding to section 109B of this Act, and | |
(b) by virtue of the reasons given by that authority for | |
sending the licence is at that time satisfied as mentioned | |
in subsection (1)(a) and (b) above or that the licence | 35 |
holder is suffering from a prospective disability, | |
the Secretary of State may serve notice in writing on the licence | |
holder revoking the licence with effect from such date as may be | |
specified in the notice, not being earlier than the date of service | |
of the notice. | 40 |
(6) Where the reasons given by the licensing authority in Northern | |
Ireland for sending the licence relate to a prospective disability | |
of the holder, the Secretary of State may, on an application made | |
for the purposes of this subsection, grant to the holder, free of | |
charge, a new licence for a period determined by the Secretary | 45 |
of State under section 99(1)(b) of this Act.” | |
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Part 4 | |
Miscellaneous | |
Information | |
80 Disclosure of information by SFO | |
(1) In section 3 of the Criminal Justice Act 1987 (c. 38) (disclosure of information)— | 5 |
(a) in subsection (5), for paragraph (c) there is substituted— | |
“(c) for the purposes of any criminal investigation or | |
criminal proceedings, whether in the United Kingdom | |
or elsewhere”, | |
(b) at the end of subsection (6) there is inserted— | 10 |
“(n) any person or body having, under the Treaty on | |
European Union or any other treaty to which the United | |
Kingdom is a party, the function of receiving | |
information of the kind in question, | |
(o) any person or body having, under the law of any | 15 |
country or territory outside the United Kingdom, the | |
function of receiving information relating to the | |
proceeds of crime”, | |
and the “and” preceding paragraph (m) is omitted. | |
81 Inspection of overseas information systems | 20 |
After section 54 of the Data Protection Act 1998 (c. 29) there is inserted— | |
“54A Inspection of overseas information systems | |
(1) The Commissioner may inspect any personal data recorded in— | |
(a) the Schengen information system, | |
(b) the Europol information system, | 25 |
(c) the Customs information system. | |
(2) The power conferred by subsection (1) is exercisable only for the | |
purpose of assessing whether or not any processing of the data has | |
been or is being carried out in compliance with this Act. | |
(3) The power includes power to inspect, operate and test equipment | 30 |
which is used for the processing of personal data. | |
(4) Before exercising the power, the Commissioner must give notice in | |
writing of his intention to do so to the data controller. | |
(5) But subsection (4) does not apply if the Commissioner considers that | |
the case is one of urgency. | 35 |
(6) Any person who— | |
(a) intentionally obstructs a person exercising the power conferred | |
by subsection (1), or | |
(b) fails without reasonable excuse to give any person exercising | |
the power any assistance he may reasonably require, | 40 |
is guilty of an offence. | |
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(7) In this section— | |
“the Customs information system” means the information system | |
established under Chapter II of the Convention on the Use of | |
Information Technology for Customs Purposes, | |
“the Europol information system” means the information system | 5 |
established under Title II of the Convention on the | |
Establishment of a European Police Office, | |
“the Schengen information system” means the information system | |
established under Title IV of the Convention implementing the | |
Schengen Agreement of 14th June 1985, or any system | 10 |
established in its place in pursuance of any Community | |
obligation.” | |
Cross-border surveillance | |
82 Foreign surveillance operations | |
After section 76 of the Regulation of Investigatory Powers Act 2000 (c. 23) there | 15 |
is inserted— | |
“76A Foreign surveillance operations | |
(1) This section applies where— | |
(a) a foreign police or customs officer is carrying out relevant | |
surveillance outside the United Kingdom which is lawful under | 20 |
the law of the country or territory in which it is being carried | |
out; | |
(b) circumstances arise by virtue of which the surveillance can for | |
the time being be carried out only in the United Kingdom; and | |
(c) it is not reasonably practicable in those circumstances for a | 25 |
United Kingdom officer to carry out the surveillance in the | |
United Kingdom in accordance with an authorisation under | |
Part 2 or the Regulation of Investigatory Powers (Scotland) Act | |
2000. | |
(2) “Relevant surveillance” means surveillance which— | 30 |
(a) is carried out in relation to a person who is suspected of having | |
committed a relevant crime; and | |
(b) is, for the purposes of Part 2, directed surveillance or intrusive | |
surveillance. | |
(3) “Relevant crime” means crime which— | 35 |
(a) falls within Article 40(7) of the Schengen Convention; or | |
(b) is crime for the purposes of any other international agreement | |
to which the United Kingdom is a party and which is specified | |
for the purposes of this section in an order made by the | |
Secretary of State with the consent of the Scottish Ministers. | 40 |
(4) A foreign police officer or customs officer conducting relevant | |
surveillance in the United Kingdom under this section shall be | |
prohibited from stopping or questioning a person under surveillance. | |
(5) Relevant surveillance carried out by the foreign police or customs | |
officer in the United Kingdom during the permitted period is to be | 45 |
lawful for all purposes if— | |
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(a) the condition mentioned in subsection (7) is satisfied; | |
(b) the officer carries out the surveillance only in places to which | |
members of the public have or are permitted to have access, | |
whether on payment or otherwise; and | |
(c) conditions specified in any order made by the Secretary of State | 5 |
with the consent of the Scottish Ministers are satisfied in | |
relation to its carrying out. | |
(6) The officer is not to be subject to any civil liability in respect of any | |
conduct of his which is incidental to any surveillance that is lawful by | |
virtue of subsection (5). | 10 |
(7) The condition in this subsection is satisfied if, immediately after the | |
officer enters the United Kingdom— | |
(a) he notifies a person designated by the Director General of the | |
National Criminal Intelligence Service of that fact; and | |
(b) (if the officer has not done so before) he requests an application | 15 |
to be made for an authorisation under Part 2, or the Regulation | |
of Investigatory Powers (Scotland) Act 2000, for the carrying | |
out of the surveillance. | |
(8) “The permitted period” means the period of five hours beginning with | |
the time when the officer enters the United Kingdom. | 20 |
(9) But a person designated by an order made by the Secretary of State may | |
notify the officer that the surveillance is to cease being lawful by virtue | |
of subsection (5) when he gives the notification. | |
(10) The Secretary of State is not to make an order under subsection (5) | |
unless a draft of the order has been laid before Parliament and | 25 |
approved by a resolution of each House. | |
(11) In this section references to a foreign police or customs officer are to a | |
police or customs officer who, in relation to a country or territory other | |
than the United Kingdom, is an officer for the purposes of— | |
(a) Article 40 of the Schengen Convention; or | 30 |
(b) any other international agreement to which the United | |
Kingdom is a party and which is specified for the purposes of | |
this section in an order made by the Secretary of State with the | |
consent of the Scottish Ministers. | |
(12) In this section— | 35 |
“the Schengen Convention” means the Convention implementing | |
the Schengen Agreement of 14th June 1985; | |
“United Kingdom officer” means— | |
(a) a member of a police force; | |
(b) a member of the National Criminal Intelligence Service; | 40 |
(c) a member of the National Crime Squad or of the Scottish | |
Crime Squad (within the meaning of the Regulation of | |
Investigatory Powers (Scotland) Act 2000); | |
(d) a customs officer.” | |
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