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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)”.

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