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(b) contain such particulars, | |
as the appropriate Minister may determine. | |
60 Power of appellate courts in England and Wales to suspend disqualification | |
(1) This section applies where a person is disqualified by virtue of section 57. | |
(2) Where the person appeals to a magistrates’ court against the disqualification, | 5 |
the court may, if it thinks fit, suspend the disqualification. | |
(3) Where the person makes an application in respect of the decision of the court | |
under section 111 of the Magistrates’ Courts Act 1980 (c. 43) (statement of case), | |
the High Court may, if it thinks fit, suspend the disqualification. | |
(4) Where the person has appealed, or applied for leave to appeal, to the House of | 10 |
Lords under section 1 of the Administration of Justice Act 1960 (c. 65) from any | |
decision of the High Court which is material to the disqualification, the High | |
Court may, if it thinks fit, suspend the disqualification. | |
(5) Any power of a court under this section to suspend the disqualification is a | |
power to do so on such terms as the court thinks fit. | 15 |
(6) Where, by virtue of this section, a court suspends the disqualification, it must | |
send notice of the suspension to the Secretary of State. | |
(7) The notice must— | |
(a) be sent in such manner and to such address, and | |
(b) contain such particulars, | 20 |
as the Secretary of State may determine. | |
61 Power of appellate courts in Scotland to suspend disqualification | |
(1) This section applies where a person is disqualified by virtue of section 57. | |
(2) Where the person appeals to the sheriff against the disqualification, the sheriff | |
may, if he thinks fit, suspend the disqualification on such terms as he thinks fit. | 25 |
(3) Where the person appeals to the High Court of Justiciary from any decision of | |
the sheriff, the court may, if it thinks fit, suspend the disqualification on such | |
terms as it thinks fit. | |
The power conferred by this subsection may be exercised by a single judge of | |
the court. | 30 |
(4) Where, by virtue of this section, a court suspends the disqualification, it must | |
send notice of the suspension to the Secretary of State. | |
(5) The notice must— | |
(a) be sent in such manner and to such address, and | |
(b) contain such particulars, | 35 |
as the Secretary of State may determine. | |
62 Power of appellate courts in Northern Ireland to suspend disqualification | |
(1) This section applies where a person is disqualified by virtue of section 57. | |
(2) Where the person appeals to a court of summary jurisdiction against the | |
disqualification, the court may, if it thinks fit, suspend the disqualification. | 40 |
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(3) Where the person makes an application in respect of the decision of the court | |
under Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. | |
1981/ 1675 (N.I. 26)) (statement of case), the Court of Appeal may, if it thinks | |
fit, suspend the disqualification. | |
(4) Where the person has appealed, or applied for leave to appeal, to the House of | 5 |
Lords under section 41 of the Judicature (Northern Ireland) Act 1978 (c. 23) | |
from any decision of the Court of Appeal which is material to the | |
disqualification, the Court of Appeal may, if it thinks fit, suspend the | |
disqualification. | |
(5) Any power of a court under this section to suspend the disqualification is a | 10 |
power to do so on such terms as the court thinks fit. | |
(6) Where, by virtue of this section, a court suspends the disqualification, it must | |
send notice of the suspension to the Department. | |
(7) The notice must— | |
(a) be sent in such manner and to such address, and | 15 |
(b) contain such particulars, | |
as the Department may determine. | |
Production of licence | |
63 Production of licence: Great Britain | |
(1) A person who— | 20 |
(a) is given a notice under section 57 by the Secretary of State, and | |
(b) is the holder of a licence, | |
must deliver his licence and its counterpart to the Secretary of State before the | |
end of the period of 21 days beginning with the day on which the notice is | |
given. | 25 |
(2) The Secretary of State may make regulations substituting a longer period for | |
the period for the time being mentioned in subsection (1). | |
(3) If— | |
(a) a person delivers a current receipt for his licence and its counterpart to | |
the Secretary of State within the period for the time being mentioned in | 30 |
subsection (1), and | |
(b) on the return of his licence and its counterpart immediately delivers | |
them to the Secretary of State, | |
the duty under subsection (1) is to be taken as satisfied. | |
“Receipt” means a receipt issued under section 56 of the Road Traffic | 35 |
Offenders Act 1988 (c. 53). | |
(4) Subsection (1) does not apply if the competent authority of the relevant State— | |
(a) has the licence and its counterpart, or | |
(b) has delivered them to the Secretary of State. | |
(5) The relevant State is the State in which the offence in relation to which the | 40 |
notice was given was committed. | |
(6) If the holder of a licence does not deliver his licence and its counterpart to the | |
Secretary of State as required by subsection (1), he is guilty of an offence. | |
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(7) A person is not guilty of an offence under subsection (6) if he satisfies the court | |
that he has applied for a new licence and has not received it. | |
In relation to the holder of a Northern Ireland licence or Community licence, a | |
new licence includes the counterpart of such a licence. | |
(8) A person guilty of an offence under subsection (6) is liable on summary | 5 |
conviction to a fine not exceeding level 3 on the standard scale. | |
(9) “Licence” means a Great Britain licence, a Northern Ireland licence or a | |
Community licence. | |
64 Production of licence: Northern Ireland | |
(1) A person who— | 10 |
(a) is given a notice under section 57 by the Department, and | |
(b) is the holder of a licence, | |
must deliver his licence and its counterpart to the Department before the end | |
of the period of 21 days beginning with the day on which the notice is given. | |
(2) The Department may make regulations substituting a longer period for the | 15 |
period for the time being mentioned in subsection (1). | |
(3) If— | |
(a) a person delivers a current receipt for his licence and its counterpart to | |
the Department within the period for the time being mentioned in | |
subsection (1), and | 20 |
(b) on the return of his licence and its counterpart immediately delivers | |
them to the Department, | |
the duty under subsection (1) is to be taken as satisfied. | |
“Receipt” means a receipt issued under Article 62 of the Road Traffic | |
Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)). | 25 |
(4) Subsection (1) does not apply if the competent authority of the relevant State— | |
(a) has the licence and its counterpart, or | |
(b) has delivered them to the Department. | |
(5) The relevant State is the State in which the offence in relation to which the | |
notice was given was committed. | 30 |
(6) If the holder of a licence does not deliver his licence and its counterpart to the | |
Department as required by subsection (1), he is guilty of an offence. | |
(7) A person is not guilty of an offence under subsection (6) if he satisfies the court | |
that he has applied for a new licence and has not received it. | |
In relation to the holder of a Great Britain licence or Community licence, a new | 35 |
licence includes the counterpart of such a licence. | |
(8) A person guilty of an offence under subsection (6) is liable on summary | |
conviction to a fine not exceeding level 3 on the standard scale. | |
(9) “Licence” means a Northern Ireland licence, a Great Britain licence or a | |
Community licence. | 40 |
65 Production of licence: Community licence holders | |
(1) This section applies where— | |
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(a) the holder of a Community licence is disqualified by virtue of section | |
57, and | |
(b) the licence is sent to the Secretary of State or the Department under | |
section 63 or 64. | |
(2) The Secretary of State or (as the case may be) the Department must send— | 5 |
(a) the holder’s name and address, and | |
(b) particulars of the disqualification, | |
to the licensing authority in the EEA State in respect of which the licence was | |
issued. | |
(3) But subsection (2) does not apply if the EEA State is the same as the State in | 10 |
which the offence in relation to which the holder is disqualified was | |
committed. | |
(4) The Secretary of State or (as the case may be) the Department must return the | |
licence to the holder— | |
(a) on the expiry of the relevant period of the disqualification (within the | 15 |
meaning of section 57), or | |
(b) if earlier, on being satisfied that the holder has left Great Britain or (as | |
the case may be) Northern Ireland and is no longer normally resident | |
there. | |
(5) But subsection (4) does not apply at any time where— | 20 |
(a) the Secretary of State or the Department would otherwise be under a | |
duty under paragraph (a) of that subsection to return the licence, and | |
(b) the holder would not at that time be authorised by virtue of section | |
99A(1) of the Road Traffic Act 1988 (c. 52) or Article 15A(1) of the Road | |
Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)) to drive in | 25 |
Great Britain or Northern Ireland a motor vehicle of any class. | |
(6) In that case the Secretary of State or (as the case may be) the Department | |
must— | |
(a) send the licence to the licensing authority in the EEA State in respect of | |
which it was issued, and | 30 |
(b) explain to that authority the reasons for so doing. | |
(7) “EEA State” has the same meaning as in Part 3 of the Road Traffic Act 1988. | |
Disqualification | |
66 Effect of disqualification by virtue of section 57 | |
Where the holder of a Great Britain licence or Northern Ireland licence is | 35 |
disqualified by virtue of section 57, the licence is to be treated as revoked with | |
effect from the beginning of the period of disqualification. | |
67 Rule for determining end of period of disqualification | |
In determining the expiration of the period for which a person is disqualified | |
by virtue of section 57, any time during which— | 40 |
(a) the disqualification is suspended, or | |
(b) he is not disqualified, | |
is to be disregarded. | |
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