|
| |
|
(a) | in subsection (1)(d), after “section” insert “and disregarding any |
| |
extension period added pursuant to section 35A or 35B”, |
| |
(b) | in subsection (3) after “specify” insert “as the period of |
| |
disqualification under section 34 (disregarding any extension period |
| |
added pursuant to section 35A or 35B)”, |
| 5 |
(c) | after subsection (5) insert— |
| |
“(5A) | An appropriate extension period (within the meaning of |
| |
section 35A or 35B) is not to be added to the further order |
| |
referred to in subsection (5).”, |
| |
| 10 |
(i) | in paragraph (a), for “unreduced period” substitute “total |
| |
unreduced period of disqualification”, and |
| |
(ii) | in paragraph (b), for “reduced period” substitute “total |
| |
reduced period of disqualification”, and |
| |
(e) | after that subsection insert— |
| 15 |
| |
“the total reduced period of disqualification” means the |
| |
period of disqualification imposed under section 34 |
| |
(including any extension period added to that period |
| |
pursuant to section 35A or 35B), as reduced by an |
| 20 |
order under this section; |
| |
“the total unreduced period of disqualification” means |
| |
the period of disqualification imposed under section |
| |
34 (including any such extension period), |
| |
disregarding any reduction by such an order.” |
| 25 |
(6) | In section 35(2) (disqualification for repeated offences) after “or more” insert |
| |
“(disregarding any extension period added pursuant to section 35A or 35B)”. |
| |
(7) | In section 37(1A) (effect of order of disqualification)— |
| |
(a) | after “days” insert “(disregarding any extension period added |
| |
pursuant to section 35A or 35B)”, and |
| 30 |
(b) | after “period of disqualification” add “(including any extension |
| |
period added pursuant to section 35A or 35B)”. |
| |
(8) | In section 42 (removal of disqualification)— |
| |
(a) | in subsection (3), for “date of the order by which the disqualification |
| |
was imposed” substitute “relevant date”, |
| 35 |
(b) | in paragraph (a) of that subsection, after “four years” insert |
| |
“(disregarding any extension period added pursuant to section 35A |
| |
| |
(c) | in paragraph (b) of that subsection, after “four years” insert |
| |
“(disregarding any extension period added pursuant to section 35A |
| 40 |
| |
(d) | after that subsection insert— |
| |
“(3A) | In subsection (3) “relevant date” means— |
| |
(a) | the date of the order by which the disqualification |
| |
| 45 |
(b) | in a case where an extended period of disqualification |
| |
is imposed pursuant to section 35A or 35B, the later |
| |
date calculated by adding to the date in paragraph (a) |
| |
|
| |
|
| |
|
a period equal to the extension period imposed |
| |
pursuant to section 35A or 35B.” |
| |
(9) | In section 47(2) (as substituted by paragraph 44(2) of Schedule 3 to the Road |
| |
Safety Act 2006 (c. 49)) (supplementary provisions as to disqualification and |
| |
endorsement) after “or more” insert “(disregarding any extension period |
| 5 |
added pursuant to section 35A or 35B)”. |
| |
Criminal Procedure (Scotland) Act 1995 (c. 46) |
| |
82 | In section 248C of the Criminal Procedure (Scotland) Act 1995 (application |
| |
of sections 248A and 248B), omit subsection (3). |
| |
Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) |
| 10 |
83 (1) | The Road Traffic Offenders (Northern Ireland) Order 1996 is amended as |
| |
| |
(2) | In Article 35(4) (disqualification for certain offences), in sub-paragraph (b) |
| |
after “or more” insert “(disregarding any extension period added pursuant |
| |
| 15 |
(3) | In Article 36 (reduced disqualification period for attendance on courses)— |
| |
(a) | in paragraph (1)(b), after “months” insert “(disregarding any |
| |
extension period added pursuant to Article 40A)”, |
| |
(b) | in paragraph (2), after “Article 35” insert “(disregarding any |
| |
extension period added pursuant to Article 40A) (“the unreduced |
| 20 |
| |
(c) | in paragraph (3), after “Article 35”, in both places it occurs, insert |
| |
“(disregarding any extension period added pursuant to Article |
| |
| |
(d) | after that paragraph insert— |
| 25 |
“(3A) | “The reduced period” is the period of disqualification |
| |
imposed under Article 35 of this Order (disregarding any |
| |
extension period added pursuant to Article 40A) as reduced |
| |
by an order under this Article.”, and |
| |
(e) | in paragraph (5), at the end insert “but including any extension |
| 30 |
period added pursuant to Article 40A”. |
| |
(4) | In Article 37 (certificates of completion of courses)— |
| |
(a) | in paragraph (1), for “period of disqualification imposed under |
| |
Article 35” substitute “total unreduced period of disqualification”, |
| |
| 35 |
(i) | for “period of disqualification imposed under Article 35” |
| |
substitute “total unreduced period of disqualification”, |
| |
(ii) | for “end of the period as it would have been reduced by the |
| |
order” substitute “total reduced period of disqualification”, |
| |
| 40 |
(iii) | for “reduced period” substitute “the total reduced period of |
| |
| |
(c) | after that paragraph insert— |
| |
“(2A) | For the purposes of this Article— |
| |
|
| |
|
| |
|
“the total reduced period of disqualification” means the |
| |
period of disqualification imposed under Article 35 |
| |
(including any extension period added to that period |
| |
pursuant to Article 40A), as reduced by an order |
| |
| 5 |
“the total unreduced period of disqualification” means |
| |
the period of disqualification imposed under Article |
| |
35 (including any such extension period), |
| |
disregarding any reduction by such an order.” |
| |
(5) | In Article 38A (as inserted by Article 60 of the Criminal Justice (Northern |
| 10 |
Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (reduced disqualification |
| |
period: alcohol ignition interlock programme orders)— |
| |
(a) | in paragraph (1)(d), after “Article” insert “and disregarding any |
| |
extension period added pursuant to Article 40A”, |
| |
(b) | in paragraph (3), after “specify” insert “as the period of |
| 15 |
disqualification under Article 35 (disregarding any extension period |
| |
added pursuant to Article 40A)”, |
| |
(c) | after paragraph (5) insert— |
| |
“(5A) | An appropriate extension period (within the meaning of |
| |
Article 40A) is not to be added to the further order referred to |
| 20 |
| |
| |
(i) | in sub-paragraph (a), for “unreduced period” substitute |
| |
“total unreduced period of disqualification”, and |
| |
(ii) | in sub-paragraph (b), for “reduced period” substitute “total |
| 25 |
reduced period of disqualification”, and |
| |
(e) | after that paragraph insert— |
| |
| |
“total reduced period of disqualification” means the |
| |
period of disqualification imposed under Article 35 |
| 30 |
(including any extension period added to that period |
| |
pursuant to Article 40A), as reduced by an order |
| |
| |
“total unreduced period of disqualification” means the |
| |
period of disqualification imposed under Article 35 |
| 35 |
(including any such extension period), disregarding |
| |
any reduction by such an order.” |
| |
(6) | In Article 40(3) (disqualification for repeated offences) after “or more” insert |
| |
“(disregarding any extension period added pursuant to Article 40A)”. |
| |
(7) | In Article 42(2) (effect of order of disqualification)— |
| 40 |
(a) | after “days” insert “(disregarding any extension period added |
| |
pursuant to Article 40A)”, and |
| |
(b) | after “period of disqualification” insert “(including any extension |
| |
period added pursuant to Article 40A)”. |
| |
(8) | In Article 47 (removal of disqualification)— |
| 45 |
(a) | in paragraph (3), for “date of the order by which the disqualification |
| |
was imposed” substitute “relevant date”, |
| |
|
| |
|
| |
|
(b) | in sub-paragraph (a) of that paragraph, after “4 years” insert |
| |
“(disregarding any extension period added pursuant to Article |
| |
| |
(c) | in sub-paragraph (b) of that paragraph, after “4 years” insert |
| |
“(disregarding any extension period added pursuant to Article |
| 5 |
| |
(d) | after that paragraph insert— |
| |
“(3A) | In paragraph (3) “relevant date” means— |
| |
(a) | the date of the order by which the disqualification |
| |
| 10 |
(b) | in a case where an extended period of disqualification |
| |
is imposed pursuant to Article 40A, the later date |
| |
calculated by adding to the date in sub-paragraph (a) |
| |
a period equal to the extension period imposed |
| |
pursuant to Article 40A.” |
| 15 |
Crime (International Co-operation) Act 2003 (c. 32) |
| |
84 | In section 54 of the Crime (International Co-operation) Act 2003 (application |
| |
of provisions requiring notice of driving disqualifications), after subsection |
| |
| |
“(3A) | When determining whether the period of disqualification is not less |
| 20 |
than the minimum period, any extension period imposed pursuant |
| |
to any of the following is to be disregarded— |
| |
(a) | section 35A or 35B of the Road Traffic Offenders Act 1988; |
| |
(b) | section 248D of the Criminal Procedure (Scotland) Act 1995; |
| |
(c) | Article 40A of the Road Traffic Offenders (Northern Ireland) |
| 25 |
| |
(d) | section 147A of the Powers of Criminal Courts (Sentencing) |
| |
| |
(e) | Article 91A of the Criminal Justice (Northern Ireland) Order |
| |
| 30 |
| |
| |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
85 (1) | Section 160 of the Powers of Criminal Courts (Sentencing) Act 2000 (rules |
| |
and orders) is amended as follows. |
| 35 |
(2) | For subsection (2) substitute— |
| |
“(2) | A statutory instrument containing any order under section 107(1)(e) |
| |
shall be subject to annulment in pursuance of a resolution of either |
| |
| |
(3) | For subsection (5) substitute— |
| 40 |
“(5) | An order under section 107(1)(e) may make different provision for |
| |
different cases or classes of case.” |
| |
|
| |
|
| |
|
Criminal Justice Act 2003 (c. 44) |
| |
86 (1) | Section 229 of the Criminal Justice Act 2003 (the assessment of |
| |
dangerousness) is amended as follows. |
| |
(2) | In subsection (2A), for paragraph (a) substitute— |
| |
“(a) | a conviction of an offence in any service disciplinary |
| 5 |
| |
(3) | After that subsection insert— |
| |
“(2B) | For the purposes of subsection (2A)(a) “service disciplinary |
| |
| |
(a) | any proceedings under the Army Act 1955, the Air Force Act |
| 10 |
1955 or the Naval Discipline Act 1957 (whether before a |
| |
court-martial or any other court or person authorised under |
| |
any of those Acts to award a punishment in respect of any |
| |
| |
(b) | any proceedings before a Standing Civilian Court; |
| 15 |
| and “conviction” includes the recording of a finding that a charge in |
| |
respect of the offence has been proved.” |
| |
Animal Welfare Act 2006 (c. 45) |
| |
87 | Section 8(6) of the Animal Welfare Act 2006 (penalties for offences relating |
| |
to provision of information society services) ceases to have effect. |
| 20 |
Legal Services Act 2007 (c. 29) |
| |
88 | In Schedule 23 to the Legal Services Act 2007, in the second column of the |
| |
entry for the Constitutional Reform Act 2005 (c. 4), omit “1(2),”. |
| |
Criminal Justice and Immigration Act 2008 (c. 4) |
| |
89 (1) | The Criminal Justice and Immigration Act 2008 is amended as follows. |
| 25 |
(2) | In section 11(6) and (7) for “(1A)(b)” substitute “(1A)(c)”. |
| |
(3) | In paragraph 76 of Schedule 4— |
| |
(a) | in sub-paragraph (3) for “(1A)(a)” substitute “(1A)(b)”; |
| |
(b) | in sub-paragraph (5)(b) and (6) for “(1A)(b)” (in each place it occurs) |
| |
| 30 |
|
| |
|