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(d) he carries out any functions for the purposes of a body specified | |
in an order made by the Secretary of State. | |
(4) The Secretary of State may specify a body under subsection (3)(d) only | |
if— | |
(a) it is established by or under the Treaty establishing the | 5 |
European Community or the Treaty on European Union, and | |
(b) the principal place in which its functions are carried out is a | |
place in the United Kingdom. | |
(5) If in any proceedings a question arises as to whether a person is or was | |
a protected person, a certificate— | 10 |
(a) issued by or under the authority of the Secretary of State, and | |
(b) stating any fact relating to the question, | |
is to be conclusive evidence of that fact. | |
63D Terrorist attacks or threats abroad in connection with UK diplomatic | |
premises etc: jurisdiction | 15 |
(1) If— | |
(a) a person does anything outside the United Kingdom as an act of | |
terrorism or for the purposes of terrorism, | |
(b) his action is done in connection with an attack on relevant | |
premises or on a vehicle ordinarily used by a protected person, | 20 |
(c) the attack is made when a protected person is on or in the | |
premises or vehicle, and | |
(d) his action, if done in any part of the United Kingdom, would | |
have constituted an offence listed in subsection (2), | |
he shall be guilty in that part of the United Kingdom of the offence. | 25 |
(2) These are the offences— | |
(a) an offence under section 1 of the Criminal Damage Act 1971, | |
(b) an offence under Article 3 of the Criminal Damage (Northern | |
Ireland) Order 1977, | |
(c) malicious mischief, | 30 |
(d) wilful fire-raising. | |
(3) If— | |
(a) a person does anything outside the United Kingdom as an act of | |
terrorism or for the purposes of terrorism, | |
(b) his action consists of a threat of an attack on relevant premises | 35 |
or on a vehicle ordinarily used by a protected person, | |
(c) the attack is threatened to be made when a protected person is, | |
or is likely to be, on or in the premises or vehicle, and | |
(d) his action, if done in any part of the United Kingdom, would | |
have constituted an offence listed in subsection (4), | 40 |
he shall be guilty in that part of the United Kingdom of the offence. | |
(4) These are the offences— | |
(a) an offence under section 2 of the Criminal Damage Act 1971, | |
(b) an offence under Article 4 of the Criminal Damage (Northern | |
Ireland) Order 1977, | 45 |
(c) breach of the peace (in relation to Scotland only). | |
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(5) “Relevant premises” means— | |
(a) premises at which a protected person resides or is staying, or | |
(b) premises which a protected person uses for the purpose of | |
carrying out his functions as such a person. | |
63E Sections 63B to 63D: supplementary | 5 |
(1) Proceedings for an offence which (disregarding the Acts listed in | |
subsection (2)) would not be an offence apart from section 63B, 63C or | |
63D are not to be started— | |
(a) in England and Wales, except by or with the consent of the | |
Attorney General, | 10 |
(b) in Northern Ireland, except by or with the consent of the | |
Advocate General for Northern Ireland. | |
(2) These are the Acts— | |
(a) the Internationally Protected Persons Act 1978, | |
(b) the Suppression of Terrorism Act 1978, | 15 |
(c) the Nuclear Material (Offences) Act 1983, | |
(d) the United Nations Personnel Act 1997. | |
(3) For the purposes of sections 63C and 63D it is immaterial whether a | |
person knows that another person is a United Kingdom national, a | |
United Kingdom resident or a protected person. | 20 |
(4) In relation to any time before the coming into force of section 27(1) of | |
the Justice (Northern Ireland) Act 2002, the reference in subsection | |
(1)(b) to the Advocate General for Northern Ireland is to be read as a | |
reference to the Attorney General for Northern Ireland.” | |
53 Jurisdiction for offence under section 113 of the Anti-terrorism, Crime and | 25 |
Security Act 2001 | |
After section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use | |
of noxious substances or things to cause harm and intimidate) there is | |
inserted— | |
“113A Application of section 113 | 30 |
(1) Section 113 applies to conduct done— | |
(a) in the United Kingdom; or | |
(b) outside the United Kingdom which satisfies the following two | |
conditions. | |
(2) The first condition is that the conduct is done for the purpose of | 35 |
advancing a political, religious or ideological cause. | |
(3) The second condition is that the conduct is— | |
(a) by a United Kingdom national or a United Kingdom resident; | |
(b) by any person done to, or in relation to, a United Kingdom | |
national, a United Kingdom resident or a protected person; or | 40 |
(c) by any person done in circumstances which fall within section | |
63D(1)(b) and (c) or (3)(b) and (c) of the Terrorism Act 2000. | |
(4) The following expressions have the same meaning as they have for the | |
purposes of sections 63C and 63D of that Act— | |
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(a) “United Kingdom national”; | |
(b) “United Kingdom resident”; | |
(c) “protected person”. | |
(5) For the purposes of this section it is immaterial whether a person knows | |
that another is a United Kingdom national, a United Kingdom resident | 5 |
or a protected person. | |
113B Consent to prosecution for offence under section 113 | |
(1) Proceedings for an offence committed under section 113 outside the | |
United Kingdom are not to be started— | |
(a) in England and Wales, except by or with the consent of the | 10 |
Attorney General; | |
(b) in Northern Ireland, except by or with the consent of the | |
Advocate General for Northern Ireland. | |
(2) Proceedings for an offence committed under section 113 outside the | |
United Kingdom may be taken, and the offence may for incidental | 15 |
purposes be treated as having been committed, in any part of the | |
United Kingdom. | |
(3) In relation to any time before the coming into force of section 27(1) of | |
the Justice (Northern Ireland) Act 2002, the reference in subsection | |
(1)(b) to the Advocate General for Northern Ireland is to be read as a | 20 |
reference to the Attorney General for Northern Ireland.” | |
Part 3 | |
Road traffic | |
Chapter 1 | |
Convention on driving disqualifications | 25 |
Road traffic offences in UK | |
54 Application of section 55 | |
(1) Section 55 applies where— | |
(a) an individual (“the offender”) who is normally resident in a member | |
State other than the United Kingdom is convicted of an offence | 30 |
mentioned in Schedule 3, | |
(b) no appeal is outstanding in relation to the offence, and | |
(c) the driving disqualification condition is met in relation to the offence. | |
(2) The driving disqualification condition is met— | |
(a) in relation to an offence mentioned in Part 1 of Schedule 3, if an order | 35 |
of disqualification is made in respect of the offence, | |
(b) in relation to an offence mentioned in Part 2 of that Schedule, if an order | |
of disqualification for a period not less than the minimum period is | |
made in respect of the offence. | |
(3) The minimum period is— | 40 |
(a) a period of six months, or | |
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(b) where the State in which the offender normally resides is a prescribed | |
State, a shorter period equal to the period prescribed in relation to the | |
State. | |
(4) Section 55 does not apply in prescribed circumstances. | |
(5) For the purposes of this section no appeal is outstanding in relation to an | 5 |
offence if— | |
(a) no appeal is brought against an offender’s conviction of the offence, or | |
any order made on his conviction, within the time allowed for making | |
such appeals, or | |
(b) such an appeal is brought and the proceedings on appeal are finally | 10 |
concluded. | |
55 Duty to give notice to foreign authorities of driving disqualification of a non- | |
UK resident | |
(1) Where this section applies, the appropriate Minister must give the central | |
authority of the State in which the offender is normally resident a notice under | 15 |
this section. | |
(2) A notice under this section must— | |
(a) give the name, address and date of birth of the offender, | |
(b) give particulars of the offence, | |
(c) state that no appeal is outstanding in relation to it, | 20 |
(d) give particulars of the disqualification, | |
(e) state whether or not the offender took part in the proceedings in which | |
the disqualification was imposed, | |
(f) state that the offender has been informed that any decision made for the | |
purposes of the convention on driving disqualifications will have no | 25 |
effect on the disqualification. | |
(3) A notice under this section may contain such other information as the | |
appropriate Minister considers appropriate. | |
(4) A notice under this section must be accompanied by the original or a certified | |
copy of the order of disqualification. | 30 |
(5) Where the offender did not take part in the proceedings mentioned in | |
subsection (2)(e), a notice under this section must also be accompanied by | |
evidence that the offender was duly notified of those proceedings. | |
(6) Where the offender is the holder of a Community licence, a notice under this | |
section must also be accompanied by the licence unless it has been returned to | 35 |
the driver— | |
(a) under section 91A(7)(b)(ii) of the Road Traffic Offenders Act 1988 | |
(c. 53), or | |
(b) under Article 92A(7)(b)(ii) of the Road Traffic Offenders (Northern | |
Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)). | 40 |
(7) Where the period of disqualification is reduced by virtue of section 34A of that | |
Act or Article 36 of that Order, the appropriate Minister must give the central | |
authority particulars of the reduction. | |
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(8) Where the disqualification is removed by an order under section 42 of that Act | |
or Article 47 of that Order, the appropriate Minister must give the central | |
authority particulars of the removal. | |
(9) The appropriate Minister must provide— | |
(a) the central authority, or | 5 |
(b) the competent authority of the State mentioned in subsection (1), | |
with any further information which it requires for the purposes of the | |
convention on driving disqualifications. | |
Disqualification in respect of road traffic offences outside UK | |
56 Application of section 57 | 10 |
(1) Section 57 applies where— | |
(a) an individual (“the offender”) who is normally resident in the United | |
Kingdom is convicted in another member State of an offence falling | |
within subsection (5), | |
(b) no appeal is outstanding in relation to the offence, | 15 |
(c) the driving disqualification condition is met in relation to the offence, | |
and | |
(d) the offender was duly notified of the proceedings (“the relevant | |
proceedings”) in which the disqualification was imposed and was | |
entitled to take part in them. | 20 |
(2) The driving disqualification condition is met— | |
(a) in relation to an offence falling within subsection (5)(a), if, as a result of | |
the offence, the offender is disqualified in the State in which the | |
conviction is made, | |
(b) in relation to an offence falling within subsection (5)(b), if, as a result of | 25 |
the offence, the offender is disqualified in that State for a period not less | |
than the minimum period. | |
(3) For the purposes of this section an offender is disqualified in a State if he is | |
disqualified in that State for holding or obtaining a licence to drive a motor | |
vehicle granted under the law of that State (however the disqualification is | 30 |
described under that law). | |
(4) The minimum period is— | |
(a) a period of six months, or | |
(b) where the State in which the conviction is made is a prescribed State, a | |
shorter period equal to the period prescribed in relation to that State. | 35 |
(5) An offence falls within this subsection if it is constituted by— | |
(a) conduct falling within any of paragraphs 1 to 5 of the Annex to the | |
convention on driving disqualifications, or | |
(b) other conduct which constitutes a road traffic offence for the purposes | |
of that convention. | 40 |
(6) Section 57 does not apply if the relevant proceedings were brought later than | |
the time at which summary proceedings for any corresponding offence under | |
the law of the part of the United Kingdom in which the offender is normally | |
resident could have been brought. | |
(7) An offence is a corresponding offence if— | 45 |
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(a) the conduct constituting the offence outside the United Kingdom took | |
place in any part of the United Kingdom, and | |
(b) that conduct is, or corresponds to, conduct which would constitute an | |
offence under the law of that part. | |
(8) The appropriate Minister may make regulations treating offences under the | 5 |
law of a part of the United Kingdom as corresponding to offences under the | |
law of a member State other than the United Kingdom. | |
(9) For the purposes of this section no appeal is outstanding in relation to an | |
offence if— | |
(a) no appeal is brought against an offender’s conviction of the offence, or | 10 |
any decision made as a result of his conviction, within the time allowed | |
for making such appeals, or | |
(b) such an appeal is brought and the proceedings on appeal are finally | |
concluded. | |
57 Recognition in United Kingdom of foreign driving disqualification | 15 |
(1) Where this section applies, the appropriate Minister— | |
(a) must give the offender a notice under this section if the unexpired | |
period of the foreign disqualification is not less than one month, and | |
(b) may give him a notice under this section if that period is less than one | |
month. | 20 |
(2) The unexpired period of the foreign disqualification is— | |
(a) the period of the foreign disqualification, less | |
(b) any period of that disqualification which is treated by regulations made | |
by the appropriate Minister as having been served in the State in which | |
the offender was convicted. | 25 |
(3) The provision which may be made by regulations under subsection (2)(b) | |
includes provision for treating any period during which a central authority or | |
competent authority of a State has seized a licence without returning it as a | |
period which has been served in that State. | |
(4) If the appropriate Minister gives the offender a notice under this section, the | 30 |
offender is disqualified in each part of the United Kingdom— | |
(a) for the relevant period, and | |
(b) if the foreign disqualification is also effective until a condition is | |
satisfied, until the condition or a corresponding prescribed condition is | |
satisfied. | 35 |
(5) The relevant period is the period which— | |
(a) begins at the end of the period of 21 days beginning with the day on | |
which the notice is given, and | |
(b) is equal to the unexpired period of the foreign disqualification. | |
(6) But if the foreign disqualification is at any time removed otherwise than in | 40 |
prescribed circumstances, the offender ceases to be disqualified in each part of | |
the United Kingdom from that time. | |
(7) The appropriate Minister may make regulations substituting a longer period | |
for the period for the time being mentioned in subsection (5)(a). | |
(8) Where the foreign disqualification is for life— | 45 |
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(a) the condition in subsection (1)(a) is to be treated as satisfied, and | |
(b) the other references in this section and section 58 to the unexpired | |
period of the foreign disqualification are to be read as references to a | |
disqualification for life. | |
58 Notice under section 57 | 5 |
(1) A notice under section 57 must— | |
(a) give particulars of the offence in respect of which the foreign | |
disqualification was imposed and the period of that disqualification, | |
(b) state that the offender is disqualified in each part of the United | |
Kingdom for a period equal to the unexpired period of the foreign | 10 |
disqualification, | |
(c) state the date from which, and period for which, he is disqualified, | |
(d) give particulars of any relevant condition mentioned in section 57(4)(b), | |
(e) give details of his right to appeal under section 59. | |
(2) A notice under section 57 must be in writing. | 15 |
(3) A notice under section 57 may contain such other information as the | |
appropriate Minister considers appropriate. | |
Appeals | |
59 Appeal against disqualification | |
(1) A person who is disqualified by virtue of section 57 may, after giving notice to | 20 |
the appropriate Minister of his intention to do so, appeal to the appropriate | |
court against the disqualification. | |
(2) The appropriate court is— | |
(a) in relation to England and Wales, a magistrates’ court acting for the | |
petty sessions area in which the applicant resides, | 25 |
(b) in relation to Scotland, the sheriff within whose jurisdiction the | |
applicant resides, | |
(c) in relation to Northern Ireland, a court of summary jurisdiction acting | |
for the petty sessions district in which the applicant resides. | |
(3) The appeal must be made before the end of the period of 21 days beginning | 30 |
with the day on which the notice under section 57 is given to the applicant. | |
(4) But the appropriate Minister may make regulations substituting a longer | |
period for the period for the time being mentioned in subsection (3). | |
(5) If the appropriate court is satisfied that section 57 does not apply to the | |
applicant’s case, it must allow the appeal. | 35 |
(6) Otherwise it must dismiss the appeal. | |
(7) Where on an appeal against the disqualification the appeal is allowed, the court | |
by which the appeal is allowed must send notice of that fact to the appropriate | |
Minister. | |
(8) The notice must— | 40 |
(a) be sent in such manner and to such address, and | |
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