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Road Traffic (New Drivers) Act 1995 (c. 13) |
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24 | The Road Traffic (New Drivers) Act 1995 is amended as follows. |
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25 (1) | Section 2 (surrender of licences) is amended as follows. |
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(i) | after “1988” insert “, retained by a vehicle examiner under |
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(ii) | for “fixed penalty clerk in” substitute “appropriate person |
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(b) | in paragraphs (c), (d) and (f), for “fixed penalty clerk” substitute |
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(a) | omit “, the fixed penalty clerk”, |
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(b) | in paragraph (a), insert at the beginning “the appropriate person”, |
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(c) | in paragraph (b), insert at the beginning “unless the appropriate |
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person is the Secretary of State, he”. |
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(4) | In subsection (5), omit “by the fixed penalty clerk”. |
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(5) | After subsection (6) insert— |
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“(7) | In this section and section 3— |
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“the appropriate person”, in relation to a fixed penalty notice, |
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(a) | if it was given by a constable or an authorised person, |
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the fixed penalty clerk, and |
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(b) | if it was given by a vehicle examiner or the Secretary |
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of State, the Secretary of State, and |
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“the appropriate person”, in relation to a conditional offer, |
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(a) | where the conditional offer was issued under |
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subsection (1), (2) or (3) of section 75 of the Road |
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Traffic Offenders Act 1988, the fixed penalty clerk, |
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(b) | where it was issued under subsection (1A) or (3B) of |
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that section, the Secretary of State.” |
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26 (1) | Section 3 (revocation of licences) is amended as follows. |
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(2) | In subsection (1), for “(4)” substitute “(4)(b)”. |
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(3) | After that subsection insert— |
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“(1ZA) | Where section 2(4)(a) applies but the appropriate person is the |
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Secretary of State, the Secretary of State must by notice served on the |
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person to whom the fixed penalty notice or conditional offer was |
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given or issued, revoke that person’s licence.” |
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(4) | In subsections (1A) and (1B), after “subsection (1)” insert “or (1ZA)”. |
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(5) | In subsection (2), for “subsection (1) or (1B)” substitute “this section”. |
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27 (1) | Schedule 1 (newly qualified drivers holding test certificates) is amended as |
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(2) | In paragraph 1, after sub-paragraph (2) insert— |
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“(2A) | In this Schedule “the appropriate person” has the same meaning |
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as in sections 2 and 3 of this Act.” |
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(a) | in paragraph (a), for “fixed penalty clerk”, in both places, substitute |
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(b) | in paragraph (c), for “fixed penalty clerk” substitute “appropriate |
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(c) | in the words following paragraph (c), for “fixed penalty clerk to |
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whom the payment is made” substitute “appropriate person”. |
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(a) | in paragraph (b), for “fixed penalty clerk” substitute “appropriate |
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(b) | for the words following paragraph (c) substitute “section 2(4) does |
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not apply but if the appropriate person is the fixed penalty clerk sub- |
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paragraph (4) applies instead.” |
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(a) | after sub-paragraph (1) insert— |
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“(1ZA) | Where section 2(4) is disapplied by paragraph 4(3) and the |
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appropriate person is the Secretary of State, the Secretary |
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of State must by notice served on the person to whom the |
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fixed penalty notice or conditional offer was given or |
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issued revoke that person’s test certificate.”, |
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(b) | in sub-paragraphs (1A) and (1B), after “sub-paragraph (1)” insert “or |
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(c) | in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “this |
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(6) | In paragraph 6(1), after “paragraph 5(1)” insert “or (1ZA)”. |
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(a) | in sub-paragraph (3)(b), for “fixed penalty clerk” substitute |
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“appropriate person”, and |
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(b) | in sub-paragraph (4)— |
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(i) | for “fixed penalty clerk” substitute “appropriate person”, and |
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(ii) | at the beginning of paragraph (b) insert “unless the |
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appropriate person is the Secretary of State,”. |
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(a) | after sub-paragraph (1) insert— |
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“(1ZA) | Where paragraph 7(4) applies and the appropriate person |
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is the Secretary of State, the Secretary of State must by |
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notice served on the person to whom the fixed penalty |
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notice or conditional offer was given or issued revoke that |
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person’s licence and test certificate.”, |
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(b) | in sub-paragraphs (1A) and (1B), after “sub-paragraph (1)” insert “or |
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(c) | in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “this |
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(9) | In paragraph 9, after “paragraph 8(1)” insert “or (1ZA)”. |
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(10) | In paragraph 10(a), after— |
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(a) | “paragraph 5(1)”, and |
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Endorsement: unlicensed and foreign drivers |
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Public Passenger Vehicles Act 1981 (c. 14) |
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1 (1) | Section 24 of the Public Passenger Vehicles Act 1981 (regulation of conduct |
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of drivers, inspectors and conductors) is amended as follows. |
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(2) | In subsection (2), insert at the end “or, if he is not the holder of a licence |
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(within the meaning of Part 3 of the Road Traffic Act 1988), on his driving |
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record (within the meaning of section 97A of the Road Traffic Offenders Act |
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(a) | for “the licence and its counterpart” substitute “any counterpart of a |
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licence which is to be endorsed under subsection (2) above”, and |
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(b) | for “them” substitute “it and the licence”. |
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Road Traffic Offenders Act 1988 (c. 53) |
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2 | The Road Traffic Offenders Act 1988 is amended as follows. |
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3 | In section 28(3) (penalty points to be attributed to an offence), for “and 77(5)” |
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substitute “, 57A(6), 77(5) and 77A(8)”. |
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4 | In section 29(1)(b) (penalty points to be taken into account on conviction), |
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after “him” insert “or on his driving record”. |
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5 (1) | Section 30 (modification of sections 28 and 29 in case where fixed penalty |
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also in question) is amended as follows. |
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(2) | In subsection (1)(b)— |
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(a) | after “licence” insert “or his driving record”, and |
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(b) | for “or 77” substitute “, 57A, 77 or 77A”. |
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(3) | In subsection (2)(b)— |
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(a) | after “licence” insert “or on his driving record”, and |
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(b) | for “or 77” substitute “, 57A, 77 or 77A”. |
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6 (1) | Section 31 (court may take particulars endorsed on licence into |
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consideration) is amended as follows. |
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(2) | For subsection (1) substitute— |
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“(1) | Where a person is convicted of an offence involving obligatory or |
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discretionary disqualification— |
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(a) | any existing endorsement on the counterpart of his licence or |
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on his driving record is prima facie evidence of the matters |
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(b) | the court may, in determining what order to make in |
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pursuance of the conviction, take those matters into |
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(3) | In the heading, omit “on licence”. |
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7 | In section 36 (disqualification until test passed), after subsection (10) insert— |
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“(10A) | Where a person’s driving record is endorsed with particulars of a |
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disqualification under this section, it shall also be endorsed with the |
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particulars of any test of competence to drive that he has passed since |
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the order of disqualification was made.” |
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8 (1) | Section 42 (removal of disqualification) is amended as follows. |
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(2) | In subsection (5), for paragraph (a) substitute— |
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(i) | if particulars of the disqualification were previously |
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endorsed on the counterpart of any licence previously |
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held by the applicant, cause particulars of the order to |
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be endorsed on that counterpart, and |
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(ii) | if particulars of the disqualification were previously |
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endorsed on the driving record of the applicant, send |
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notice of the order to the Secretary of State,”. |
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(3) | In subsection (5A), for “(5)(a)” substitute “(5)(a)(i)”. |
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(4) | After that subsection insert— |
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“(5AA) | If the disqualification was imposed in respect of an offence involving |
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obligatory endorsement, the Secretary of State must, on receiving |
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notice of an order under subsection (5)(a)(ii) above, make any |
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necessary adjustments to the endorsements on the person’s driving |
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record to reflect the order.” |
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(5) | In subsection (5B), after “subsection” insert “(5)(a)(ii) or”. |
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9 (1) | Section 45 (effect of endorsement) is amended as follows. |
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(2) | In subsection (1), omit “, whether he is at the time the holder of a licence or |
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(3) | In the heading, insert at the end “of counterparts”. |
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10 | After that section insert— |
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“45A | Effect of endorsement of driving records |
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(1) | An order that any particulars or penalty points are to be endorsed on |
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a person’s driving record shall operate as an order that his driving |
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record is to be so endorsed until the end of the period for which the |
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endorsement remains effective. |
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(2) | At the end of the period for which the endorsement remains effective |
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the Secretary of State must remove the endorsement from the |
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(3) | On the issue of a new licence to a person, any particulars ordered to |
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be endorsed on his driving record shall be entered on the counterpart |
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of the licence unless he has become entitled under subsection (4) |
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below to have a licence issued to him with its counterpart free from |
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those particulars or penalty points. |
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(4) | A person the counterpart of whose licence has been endorsed under |
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subsection (3) above is entitled to have issued to him with effect from |
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the end of the period for which the endorsement remains effective a |
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new licence with a counterpart free from the endorsement if he |
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applies for a new licence in pursuance of section 97(1) of the Road |
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Traffic Act 1988, surrenders any subsisting licence and its |
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counterpart, pays the fee prescribed by regulations under Part 3 of |
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that Act and satisfies the other requirements of section 97(1). |
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(5) | The period for which an endorsement remains effective is |
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determined in accordance with section 45(5) to (7) of this Act.” |
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11 (1) | Section 46 (combination of disqualification and endorsement with certain |
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other orders) is amended as follows. |
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(2) | In subsection (1), for “or 44” substitute “, 44 or 44A”. |
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(3) | In subsection (2)(b), insert at the end “or on his driving record”. |
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(4) | In subsection (3), for “and 45” substitute “, 45 and 45A”. |
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12 (1) | Section 47 (supplementary provisions as to disqualification and |
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endorsements) is amended as follows. |
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(2) | In subsection (3), after “licence” insert “or a driving record”. |
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(3) | After that subsection insert— |
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“(3A) | On receiving such a notice in relation to a person who is not the |
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holder of a licence, the Secretary of State must make any necessary |
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adjustments to the endorsements on the person’s driving record to |
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reflect the outcome of the appeal.” |
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13 | In section 48(1)(b) and (2)(b) (exemption from disqualification and |
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endorsement for certain construction and use offences), after “him” insert |
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“or on his driving record”. |
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14 (1) | Section 54 (notices on-the-spot etc.) is amended as follows. |
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(2) | In subsection (2), for “subsection (3) below” substitute “the following |
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provisions of this section”. |
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(3) | In subsection (3), after “endorsement” insert “, and the person is the holder |
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(a) | for the word “and” at the end of paragraph (a) substitute— |
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“(aa) | the person concerned is the holder of a licence, and”, |
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(b) | in paragraph (b), for “the person concerned” substitute “he”. |
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(5) | In subsection (6), after “subsection (4)” insert “or (5C)”. |
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(6) | In subsection (10), for “subsections (3)(b) and (5)(a) above” substitute “this |
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15 (1) | Section 57 (endorsement without hearings) is amended as follows. |
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(2) | In subsection (1), after “a person” insert “who is the holder of a licence”. |
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(3) | In the heading, for “licences” substitute “counterparts”. |
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16 | In section 58 (effect of endorsement without hearing), in the heading, after |
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“endorsement” insert “of counterpart”. |
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17 | After that section insert— |
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“58A | Effect of endorsement of driving record without hearing |
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(1) | Where a person’s driving record is endorsed under section 57A of |
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this Act he shall be treated for the purposes of sections 13(4), 28, 29 |
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and 45A of this Act and of the Rehabilitation of Offenders Act 1974 |
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(a) | he had been convicted of the offence, |
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(b) | the endorsement had been made in pursuance of an order |
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made on his conviction by a court under section 44 of this Act, |
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(c) | the particulars of the offence endorsed by virtue of section |
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57A(6)(a) of this Act were particulars of his conviction of that |
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(2) | In relation to any endorsement of a person’s driving record under |
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section 57A of this Act, the references in section 13(4) of this Act to |
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any order made on a person’s conviction are to be read as references |
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to the endorsement itself.” |
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18 | In section 61 (fixed penalty notice mistakenly given: exclusion of fixed |
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penalty procedures), in the heading, after “given” insert “to licence holder”. |
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19 | After that section insert— |
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“61A | Fixed penalty notice mistakenly given to unlicensed person: exclusion |
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of fixed penalty procedures |
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(1) | This section applies where, on accessing information held on the |
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driving record of a person to whom a fixed penalty notice was given |
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under section 54 of this Act, but who is not the holder of a licence, it |
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appears to the fixed penalty clerk or the Secretary of State that the |
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person would be liable to be disqualified under section 35 of this Act |
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if he were convicted of the offence in respect of which the fixed |
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penalty notice was given. |
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(2) | The person’s driving record must not be endorsed under section 57A |
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(3) | In a case where the fixed penalty is required to be paid to the fixed |
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penalty clerk he must not send notice to the Secretary of State under |
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section 57A of this Act but instead must notify the chief officer of |
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police that the person to whom the fixed penalty notice was given |
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would be liable to be disqualified under section 35 of this Act if he |
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were convicted of the offence in respect of which the fixed penalty |
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(4) | Nothing in this Part of this Act prevents proceedings being brought |
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in respect of the offence in respect of which the fixed penalty notice |
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was given where those proceedings are commenced before the end |
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of the period of six months beginning with the date on which that |
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(5) | Where proceedings in respect of that offence are commenced before |
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the end of that period, the case is from then on to be treated in all |
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respects as if no fixed penalty notice had been given in respect of the |
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(6) | Accordingly, where proceedings in respect of that offence are so |
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commenced, any action taken in pursuance of this Part of this Act by |
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reference to that fixed penalty notice shall be void (including, but |
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without prejudice to the generality of the preceding provision— |
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(a) | the registration under section 71 of this Act of any sum, |
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determined by reference to the fixed penalty for that offence, |
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for enforcement against the person to whom the fixed penalty |
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(b) | any proceedings for enforcing payment of any such sum |
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within the meaning of sections 73 and 74 of this Act (defined |
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(7) | In determining for the purposes of subsection (1) above whether a |
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person convicted of an offence would be liable to disqualification |
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under section 35, it shall be assumed, in the case of an offence in |
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relation to which a range of numbers is shown in the last column of |
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Part 1 of Schedule 2 to this Act, that the number of penalty points to |
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be attributed to the offence would be the lowest in the range.” |
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20 | In section 69(4) (payment of penalty), for “77” substitute “77A”. |
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21 (1) | In section 70(4) (registration certificates), after paragraph (b) insert “and |
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(i) | if the offence to which the fixed penalty notice or |
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conditional offer relates was committed in England or |
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Wales, cause it to be sent to the designated officer for |
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the local justice area in which the offence was |
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(ii) | if the offence was committed in Scotland, cause it to |
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be sent to the clerk of a court of summary jurisdiction |
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for the area in which the offence was committed.” |
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(2) | An order under section 57 may provide that sub-paragraph (1) is to come |
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into force only in relation to an area specified in the order. |
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(3) | If such an order provides that sub-paragraph (1) is to come into force only in |
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relation to an area specified in the order, it may also provide that (unless |
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continued in force by a subsequent order) sub-paragraph (1) is to remain in |
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force there only for a period specified in the order. |
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22 (1) | Section 71 (registration of sums payable in default) is amended as follows. |
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(2) | In subsection (1), after paragraph (a) insert “or” and after paragraph (c) |
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