Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 8 — Disqualification for driving
209

(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).”,
(d)
in subsection (6)—
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
“(6A)
In subsection (6)—
“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
or 35B)”,
(c)
in paragraph (b) of that subsection, after “four years” insert
“(disregarding any extension period added pursuant to section 35A
40
or 35B)”, and
(d)
after that subsection insert—
“(3A)
In subsection (3) “relevant date” means—
(a)
the date of the order by which the disqualification
was imposed, or
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)

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 8 — Disqualification for driving
210

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
follows.
      (2)
In Article 35(4) (disqualification for certain offences), in sub-paragraph (b)
after “or more” insert “(disregarding any extension period added pursuant
to Article 40A)”.
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
period”)”,
(c)
in paragraph (3), after “Article 35”, in both places it occurs, insert
“(disregarding any extension period added pursuant to Article
40A)”,
(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”,
(b)
in paragraph (2)—
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”,
and
40
(iii)
for “reduced period” substitute “the total reduced period of
disqualification”, and
(c)
after that paragraph insert—
“(2A)
For the purposes of this Article—

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 8 — Disqualification for driving
211

“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
under Article 36;
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
in paragraph (5).”,
(d)
in paragraph (6)—
(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—
“(6A)
In paragraph (6)—
“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
under this Article;
“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”,

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 9 — Miscellaneous
212

(b)
in sub-paragraph (a) of that paragraph, after “4 years” insert
“(disregarding any extension period added pursuant to Article
40A)”,
(c)
in sub-paragraph (b) of that paragraph, after “4 years” insert
“(disregarding any extension period added pursuant to Article
5
40A)”, and
(d)
after that paragraph insert—
“(3A)
In paragraph (3) “relevant date” means—
(a)
the date of the order by which the disqualification
was imposed, or
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
(3) insert—
“(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
Order 1996;
(d)
section 147A of the Powers of Criminal Courts (Sentencing)
Act 2000;
(e)
Article 91A of the Criminal Justice (Northern Ireland) Order
2008.”
30
Part 9
Miscellaneous
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
House of Parliament.”
      (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.”

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 9 — Miscellaneous
213

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
proceedings, and”.
      (3)
After that subsection insert—
“(2B)
For the purposes of subsection (2A)(a) “service disciplinary
proceedings” means—
(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
offence), and
(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)
substitute “(1A)(c)”.
30