|
| |
| |
(c) in the entry for section 94A of that Act, in column 2, at the end there | |
is inserted “or 109B”, | |
(d) in the entry for section 99B(11) of that Act— | |
(i) in column 1, at the end there is inserted “and that subsection | |
as applied by RTA section 109A(5)”, | 5 |
(ii) in column 2, at the end there is inserted “or a requirement | |
under section 99B(6) or (7) as applied by section 109A(5)”, | |
(e) the entry for section 109 of that Act is omitted, | |
(f) before the entry for section 114 of that Act there is inserted— | |
| | “RTA section | Failure to | Summarily. | Level 3 on | | | | | 10 | | | 109B(4) | deliver | | the standard | | | | | | | | | Northern | | scale.” | | | | | | | | | Ireland | | | | | | | | | | | licence to | | | | | | | | | | | Secretary of | | | | | | | 15 | | | | State when | | | | | | | | | | | required by | | | | | | | | | | | notice under | | | | | | | | | | | section 109B. | | | | | | | |
|
The Criminal Justice (International Co-operation) Act 1990 (c. 5) | 20 |
34 The Criminal Justice (International Co-operation) Act 1990 is amended as | |
follows. | |
35 Sections 1 to 4, 7, 8 and 11 (mutual service of process and provision of | |
evidence) are omitted. | |
36 In section 5 (transfer of UK prisoner to give evidence or assist investigation | 25 |
overseas), after subsection (3) there is inserted— | |
“(3A) A warrant under this section has effect in spite of section 127(1) of the | |
Army Act 1955, section 127(1) of the Air Force Act 1955 or section | |
82A(1) of the Naval Discipline Act 1957 (restriction on removing | |
persons out of the United Kingdom who are serving military | 30 |
sentences).” | |
37 Schedule 1 (proceedings of nominated court) is omitted. | |
The Road Traffic (New Drivers) Act 1995 (c. 13) | |
38 The Road Traffic (New Drivers) Act 1995 is amended as follows. | |
39 In section 2 (surrender of licences), at the end there is inserted— | 35 |
“(6) In this section and section 3 “licence” includes a Northern Ireland | |
licence.” | |
40 In section 3 (revocation of licences)— | |
(a) after subsection (1) there is inserted— | |
“(1A) Where the Secretary of State serves on the holder of a | 40 |
Northern Ireland licence a notice under subsection (1), the | |
| |
| |
|
| |
| |
Secretary of State must send to the licensing authority in | |
Northern Ireland— | |
(a) particulars of the notice; and | |
(b) the Northern Ireland licence. | |
(1B) Where the Secretary of State is sent by that licensing | 5 |
authority particulars of a notice served on the holder of a | |
licence under a provision of Northern Ireland law | |
corresponding to subsection (1), he must by notice served on | |
the holder revoke the licence.”, | |
(b) in subsection (2), after “subsection (1)” there is inserted “or (1B)”, | 10 |
(c) at the end, there is inserted— | |
“(3) In this section references to the revocation of a person’s | |
Northern Ireland licence are references to its revocation as | |
respects Great Britain; and, accordingly, the person ceases to | |
be authorised by virtue of section 109(1) of the Road Traffic | 15 |
Act 1988 to drive in Great Britain a motor vehicle of any | |
class.” | |
41 In section 4 (re-testing)— | |
(a) in subsection (1)— | |
(i) for “section 3(1)” there is substituted “section 3”, | 20 |
(ii) after “full licence” (in the second place it occurs) there is | |
inserted “or (as the case may be) full Northern Ireland | |
licence”, | |
(b) after subsection (1) there is inserted— | |
“(1A) Subject to subsection (5), the Secretary of State may not under | 25 |
that Part grant a person whose Northern Ireland licence has | |
been revoked under a provision of Northern Ireland law | |
corresponding to section 3(1) a full licence to drive any class | |
of vehicles in relation to which the revoked licence was | |
issued as a full Northern Ireland licence unless he satisfies the | 30 |
Secretary of State as mentioned in subsection (1).”, | |
(c) in subsections (2) and (3), at the end there is inserted “or (as the case | |
may be) full Northern Ireland licence”, | |
(d) in subsection (5)— | |
(i) for “Subsection (1) does” there is substituted “Subsections (1) | 35 |
and (1A) do”, and | |
(ii) for “section 3(1)” there is substituted “section 3 or whose | |
Northern Ireland licence has been revoked under a provision | |
of Northern Ireland law corresponding to section 3(1)”. | |
42 In section 5 (restoration of licence without re-testing in certain cases)— | 40 |
(a) in subsections (1), (4) and (6), for “section 3(1)” there is substituted | |
“section 3”, | |
(b) in subsections (3)(a) and (4)(c), after “section 2” there is inserted “or | |
(as the case may be) the provision of Northern Ireland law | |
corresponding to that section”, | 45 |
| |
| |
|
| |
| |
(c) at the end there is inserted— | |
“(11) Nothing in this section applies in relation to a person whose | |
Northern Ireland licence has been revoked under section | |
3(1).” | |
43 In section 7 (early termination of probationary period)— | 5 |
(a) in paragraph (b), for “section 3(1)” there is substituted “section 3”, | |
(b) in paragraph (c)— | |
(i) for “paragraph 5(1)” there is substituted “paragraph 5”, | |
(ii) for “paragraph 8(1)” there is substituted “paragraph 8”. | |
44 In section 9 (interpretation), after subsection (2) there is inserted— | 10 |
“(2A) In this Act— | |
“full Northern Ireland licence” means a Northern Ireland | |
licence other than a Northern Ireland provisional licence, | |
“Northern Ireland provisional licence” means a Northern | |
Ireland licence which corresponds to a provisional licence.” | 15 |
45 Schedule 1 (newly qualified drivers holding test certificates) is amended as | |
follows. | |
46 In paragraph 1, at the end there is inserted— | |
“(3) In this Schedule “licence” includes a Northern Ireland licence, “full | |
licence” includes a full Northern Ireland licence and “provisional | 20 |
licence” includes a Northern Ireland provisional licence. | |
(4) In relation to the holder of a Northern Ireland licence, the | |
following sub-paragraphs have effect for the purposes of this | |
Schedule. | |
(5) References to a test certificate are references to a certificate or other | 25 |
document (in this Schedule referred to as a “Northern Ireland test | |
certificate”) which is evidence that he has not more than two years | |
previously passed a Northern Ireland test of competence to drive | |
corresponding to the test mentioned in sub-paragraph (1). | |
(6) References to prescribed conditions are references to conditions | 30 |
subject to which the Northern Ireland provisional licence was | |
granted.” | |
47 In paragraph 2, after sub-paragraph (4) there is inserted— | |
“(4A) In relation to the holder of a Northern Ireland licence, the | |
reference in sub-paragraph (4)(b) to section 98(2) of the Road | 35 |
Traffic Act 1988 is a reference to the corresponding provision | |
under the law of Northern Ireland.” | |
48 In paragraph 5— | |
(a) after sub-paragraph (1) there is inserted— | |
“(1A) Where the Secretary of State serves on the holder of a | 40 |
Northern Ireland licence a notice under sub-paragraph (1), | |
the Secretary of State must send to the licensing authority | |
in Northern Ireland particulars of the notice together with | |
the Northern Ireland test certificate. | |
| |
| |
|
| |
| |
(1B) Where the Secretary of State is sent by that licensing | |
authority particulars of a notice served on the holder of a | |
licence under a provision of Northern Ireland law | |
corresponding to sub-paragraph (1), he must by notice | |
served on that person revoke his test certificate.”, | 5 |
(b) in sub-paragraph (2), after “sub-paragraph (1)” there is inserted “or | |
(1B)”, | |
(c) at the end there is inserted— | |
“(4) In this paragraph and paragraph 8 references to the | |
revocation of a person’s Northern Ireland test certificate | 10 |
are references to its revocation as respects Great Britain. | |
(5) The effect of the revocation of a person’s Northern Ireland | |
test certificate as respects Great Britain is that any | |
prescribed conditions to which his Northern Ireland | |
provisional licence ceased to be subject when he became a | 15 |
qualified driver shall again apply for the purposes of | |
section 109(1) of the Road Traffic Act 1988.” | |
49 In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” there is | |
substituted “paragraph 5, or whose Northern Ireland test certificate has been | |
revoked under a provision of Northern Ireland law corresponding to | 20 |
paragraph 5(1),”. | |
50 In paragraph 8— | |
(a) after sub-paragraph (1) there is inserted— | |
“(1A) Where the Secretary of State serves on the holder of a | |
Northern Ireland licence a notice under sub-paragraph (1), | 25 |
the Secretary of State must send to the licensing authority | |
in Northern Ireland particulars of the notice together with | |
the Northern Ireland licence and the Northern Ireland test | |
certificate. | |
(1B) Where the Secretary of State is sent by that licensing | 30 |
authority particulars of a notice served on the holder of a | |
licence under a provision of Northern Ireland law | |
corresponding to sub-paragraph (1), he must by notice | |
served on that person revoke his licence and test | |
certificate.”, | 35 |
(b) in sub-paragraph (2), after “sub-paragraph (1)” there is inserted “or | |
(1B)”, | |
(c) at the end there is inserted— | |
“(3) In this paragraph references to the revocation of a person’s | |
Northern Ireland licence are references to its revocation as | 40 |
respects Great Britain; and, accordingly, the person ceases | |
to be authorised by virtue of section 109(1) of the Road | |
Traffic Act 1988 to drive in Great Britain a motor vehicle of | |
any class.” | |
51 In paragraph 9— | 45 |
(a) in sub-paragraph (1), for “paragraph 8(1)” there is substituted | |
“paragraph 8, or whose Northern Ireland licence and Northern | |
Ireland test certificate have been revoked under a provision of | |
Northern Ireland law corresponding to paragraph 8(1),”, | |
| |
| |
|
| |
| |
(b) in sub-paragraph (4)(b)(i), after “1988” there is inserted “, or under a | |
provision of Northern Ireland law corresponding to that section,”. | |
52 In paragraph 10(a)— | |
(a) for “paragraph 5(1)” there is substituted “paragraph 5 (or a person’s | |
Northern Ireland test certificate has been revoked under a provision | 5 |
of Northern Ireland law corresponding to paragraph 5(1))”, | |
(b) for “paragraph 8(1)” there is substituted “paragraph 8 (or a person’s | |
Northern Ireland licence and Northern Ireland test certificate have | |
been revoked under a provision of Northern Ireland law | |
corresponding to paragraph 8(1))”. | 10 |
53 In paragraph 11— | |
(a) in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and | |
“paragraph 8(1)” there is substituted “paragraph 5” and “paragraph | |
8” respectively, | |
(b) in sub-paragraph (1)(d), after “section 2” there is inserted “or (as the | 15 |
case may be) the provision of Northern Ireland law corresponding to | |
that section”. | |
The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) | |
54 The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as | |
follows. | 20 |
55 In section 28 (powers of investigation)— | |
(a) in subsection (8), for the words from “by the” to the end there is | |
substituted “by virtue of section 27(2) of this Act shall be given to the | |
overseas authority which requested it or to the Lord Advocate for | |
forwarding to that authority”, | 25 |
(b) subsection (9) is omitted, | |
(c) in subsection (10), for “transmitted” (in both places) there is | |
substituted “forwarded”. | |
The Criminal Procedure (Scotland) Act 1995 (c. 46) | |
56 The Criminal Procedure (Scotland) Act 1995 is amended as follows. | 30 |
57 In section 210(1)(c) (consideration, in passing sentence of imprisonment or | |
detention, of time spent in custody), at the end there is inserted “so however | |
that a period of time spent both in custody on remand and, by virtue of | |
section 47(1) of the Crime (International Co-operation) Act 2003, abroad is | |
not for any reason to be discounted in a determination under paragraph (a) | 35 |
above or specification under paragraph (b) above”. | |
The United Nations Personnel Act 1997 (c. 13) | |
58 The United Nations Personnel Act 1997 is amended as follows. | |
59 In section 5 (supplementary provisions), in subsections (1) and (2), for “and | |
the Nuclear Material (Offences) Act 1983” there is substituted “, the Nuclear | 40 |
Material (Offences) Act 1983 and the Terrorism Act 2000”. | |
| |
| |
|
| |
| |
The Data Protection Act 1998 (c. 29) | |
60 The Data Protection Act 1998 is amended as follows. | |
61 In section 28(1) (national security), for “section” there is substituted “sections | |
54A and”. | |
62 In section 60(2) and (3) (prosecutions and penalties), before “paragraph 12” | 5 |
there is inserted “section 54A and”. | |
63 In section 63(5) (application to the Crown), for “section” there is substituted | |
“sections 54A and”. | |
The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | |
64 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. | 10 |
65 In section 146 (driving disqualification for any offence)— | |
(a) in subsection (4), the “or” at the end of paragraph (a) is omitted and | |
after that paragraph there is inserted— | |
“(aa) in the case where he holds a Northern Ireland licence | |
(within the meaning of Part 3 of the Road Traffic Act | 15 |
1988), his Northern Ireland licence and its counterpart | |
(if any); or”, | |
(b) in subsection (5), in the definition of “counterpart”, the “and” at the | |
end of paragraph (a) is omitted and after that paragraph there is | |
inserted— | 20 |
“(aa) in relation to a Northern Ireland licence, has the | |
meaning given by section 109A of that Act; and”. | |
66 In section 147 (driving disqualification where vehicle used for purposes of | |
crime), in subsection (5), the “or” at the end of paragraph (a) is omitted and | |
after that paragraph there is inserted— | 25 |
“(aa) in the case where he holds a Northern Ireland licence (within | |
the meaning of Part 3 of the Road Traffic Act 1988), his | |
Northern Ireland licence and its counterpart (if any); or”. | |
The Terrorism Act 2000 (c. 11) | |
67 The Terrorism Act 2000 is amended as follows. | 30 |
68 In section 121 (interpretation), in the definition of “premises”, before | |
“includes” (in the first place) there is inserted “, except in section 63D,”. | |
69 In section 123 (orders and regulations), in subsection (2), after paragraph (b) | |
there is inserted— | |
“(ba) section 63C(3)(d);”. | 35 |
The Regulation of Investigatory Powers Act 2000 (c. 23) | |
70 The Regulation of Investigatory Powers Act 2000 is amended as follows. | |
71 In section 65 (investigatory powers tribunal)— | |
(a) in subsection (5)— | |
| |
| |
|
| |
| |
(i) after paragraph (c) there is inserted— | |
“(ca) the carrying out of surveillance by a foreign | |
police or customs officer (within the meaning | |
of section 76A);”, | |
(ii) in paragraph (d), at the beginning there is inserted “other”, | 5 |
(b) after subsection (7), there is inserted— | |
“(7A) For the purposes of this section conduct also takes place in | |
challengeable circumstances if it takes place, or purports to | |
take place, under section 76A.” | |
72 In section 78 (orders, regulations and rules), in subsection (3)(a), for “or | 10 |
71(9)” there is substituted “, 71(9) or 76A(10)”. | |
Armed Forces Act 2001 (c. 19) | |
73 In section 31 of the Armed Forces Act 2001 (power to make provision in | |
consequence of enactments relating to criminal justice), in subsection (7)— | |
(a) after “section” there is inserted “section 5 of the Criminal Justice | 15 |
(International Co-operation) Act 1990 and”, | |
(b) for “is” there is substituted “are”. | |
The Proceeds of Crime Act 2002 (c. 29) | |
74 The Proceeds of Crime Act 2002 is amended as follows. | |
75 In section 376 (evidence overseas)— | 20 |
(a) subsection (5) is omitted, | |
(b) in subsection (6), for the words preceding paragraph (a) there is | |
substituted “The person issuing a letter of request may send it”, | |
(c) for subsection (7) there is substituted— | |
“(7) Alternatively, the person issuing the letter of request may | 25 |
send it to the Secretary of State for forwarding to the court, | |
tribunal or authority mentioned in subsection (6). | |
(7A) In a case of urgency, the person issuing the letter of request | |
may send it to— | |
(a) the International Criminal Police Organisation, or | 30 |
(b) any body or person competent to receive it under any | |
provisions adopted under the Treaty on European | |
Union, | |
for forwarding to the court, tribunal or authority mentioned | |
in subsection (6).” | 35 |
| |
| |
|
