 House of Commons |
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S.C.A.
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| Short title and chapter | Extent of repeal |
| Level Crossings Act 1983 (c.16) | In section 1— (a) in subsection (3)(b), the words "barriers or other", and (b) in subsection (11), the definition of "local authority".'. |
Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham
Mr Alistair Carmichael
77
Clause 62, page 59, line 7, at end insert—'( ) Section 16 shall come into force on 1st January 2007'.
Mr Greg Knight
14
Clause 62, page 59, line 24, at beginning insert—'Subject to Section 5'.
Dr Stephen Ladyman
11
Clause 63, page 59, line 25, leave out 'Section 15 extends' and insert 'Sections 11(3) and 15 and Schedule (Prohibition on driving: immobilisation, removal and disposal of vehicles) extend'.
Dr Stephen Ladyman
12
Clause 64, page 59, line 32, leave out subsection (2).
NEW CLAUSES
Prohibition on driving: immobilisation, removal and disposal of vehicles
Dr Stephen Ladyman
NC4
To move the following Clause:—'(1) In section 99A of the Transport Act 1968 (c.73) (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers' hours), after subsection (5) insert—
"(6) Schedule (Prohibition on driving: immobilisation, removal and disposal of vehicles) to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under subsection (1) of this section and about their removal and disposal."
(2) In section 3 of the Road Traffic (Foreign Vehicles) Act 1972 (c.27) (prohibition on driving of foreign vehicles: enforcement provisions), after subsection (7) insert—
"(8) Schedule (Prohibition on driving: immobilisation, removal and disposal of vehicles) to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 1 of this Act and about their removal and disposal."
(3) In section 73 of the Road Traffic Act 1988 (c.52) (prohibition on driving of unfit or overloaded vehicles: supplementary provisions), after subsection (4) insert—
"(5) Schedule (Prohibition on driving: immobilisation, removal and disposal of vehicles) to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 69 or 70 of this Act and about their removal and disposal.".'.
Compulsory surrender of old-form licences
Dr Stephen Ladyman
NC5
To move the following Clause:—'(1) In the Road Traffic Act 1988 (c.52), after section 98 insert—
"98A Compulsory surrender of old-form licences
(1) The Secretary of State may by order require the holders of licences of a specified description, or any specified description of the holders of such licences, to surrender the licences and their counterparts to the Secretary of State.
(2) An order under this section may specify as the description of licences to be surrendered—
| (a) | licences which are not in the form of a photocard, or |
| (b) | licences in the form of a photocard of a description no longer specified by the Secretary of State as a form in which licences are granted. |
(3) An order under this section must specify the date by which the licences to which it relates (and their counterparts) are to be surrendered; and may specify different dates in relation to different descriptions of licence holders.
(4) An order under this section must include provision for the grant of a new licence to every holder of a licence surrendered (with its counterpart) in pursuance of the order who—
| (a) | pays such fee (if any) as is specified by the order, and |
| (b) | provides the Secretary of State with such evidence or further evidence as the Secretary of State may require (which may include a photograph which is a current likeness of him). |
(5) A replacement licence granted pursuant to provision made by virtue of subsection (4) above expires on the date on which the surrendered licence would have expired had it not been surrendered (but subject to subsection (6) below).
(6) Where the period for which the surrendered licence was granted was based on an error with respect to the licence holder's date of birth such that (if the error had not been made) that licence would have been expressed to expire on a different date, the replacement licence expires on that different date.
(7) A person who, without reasonable excuse, fails to comply with any requirement to surrender a licence and its counterpart imposed by an order under this section is guilty of an offence.
(8) An order under this section may—
| (a) | make different provision for different cases, and |
| (b) | contain such incidental and supplementary provisions as the Secretary of State considers appropriate. |
(9) The power to make an order under this section is exercisable by statutory instrument.
(10) Before making an order under this section the Secretary of State must consult with such representative organisations as he thinks fit.
(11) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament."
(2) In Schedule 1 to the Road Traffic Offenders Act 1988 (c.53) (offences to which certain sections apply), after the entry relating to section 94A of the Road Traffic Act 1988 (c.52) insert—
| "RTA section 98A(7) | Driving licence holder failing to surrender licence and counterpart. | Section 6 of this Act." |
(3) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 96 of the Road Traffic Act 1988 (c.52) insert—
| "RTA section 98A(7). | Driving licence holder failing to surrender licence and counterpart. | Summarily. | Level 3 on the standard scale. | ".'. |
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| ©Parliamentary copyright 2006 | Prepared 18 Apr 2006 |