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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    39

 

Appeals

 60    Appeal against disqualification

     (1)    A person who is disqualified by virtue of section 58 may, after giving notice to

the appropriate Minister of his intention to do so, appeal to the appropriate

court against the disqualification.

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     (2)    The appropriate court is—

           (a)           in relation to England and Wales, a magistrates’ court acting for the

petty sessions area in which the applicant resides,

           (b)           in relation to Scotland, the sheriff within whose jurisdiction the

applicant resides,

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           (c)           in relation to Northern Ireland, a court of summary jurisdiction acting

for the petty sessions district in which the applicant resides.

     (3)    The appeal must be made before the end of the period of 21 days beginning

with the day on which the notice under section 58 is given to the applicant.

     (4)    But the appropriate Minister may make regulations substituting a longer

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period for the period for the time being mentioned in subsection (3).

     (5)    If the appropriate court is satisfied that section 58 does not apply to the

applicant’s case, it must allow the appeal.

     (6)    Otherwise it must dismiss the appeal.

     (7)    Where on an appeal against the disqualification the appeal is allowed, the court

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by which the appeal is allowed must send notice of that fact to the appropriate

Minister.

     (8)    The notice must—

           (a)           be sent in such manner and to such address, and

           (b)           contain such particulars,

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            as the appropriate Minister may determine.

 61    Power of appellate courts in England and Wales to suspend disqualification

     (1)    This section applies where a person is disqualified by virtue of section 58.

     (2)    Where the person appeals to a magistrates’ court against the disqualification,

the court may, if it thinks fit, suspend the disqualification.

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     (3)    Where the person makes an application in respect of the decision of the court

under section 111 of the Magistrates’ Courts Act 1980 (c. 43) (statement of case),

the High Court may, if it thinks fit, suspend the disqualification.

     (4)    Where the person has appealed, or applied for leave to appeal, to the House of

Lords under section 1 of the Administration of Justice Act 1960 (c. 65) from any

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decision of the High Court which is material to the disqualification, the High

Court may, if it thinks fit, suspend the disqualification.

     (5)    Any power of a court under this section to suspend the disqualification is a

power to do so on such terms as the court thinks fit.

     (6)    Where, by virtue of this section, a court suspends the disqualification, it must

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send notice of the suspension to the Secretary of State.

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    40

 

     (7)    The notice must—

           (a)           be sent in such manner and to such address, and

           (b)           contain such particulars,

            as the Secretary of State may determine.

 62    Power of appellate courts in Scotland to suspend disqualification

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     (1)    This section applies where a person is disqualified by virtue of section 58.

     (2)    Where the person appeals to the sheriff against the disqualification, the sheriff

may, if he thinks fit, suspend the disqualification on such terms as he thinks fit.

     (3)    Where the person appeals to the High Court of Justiciary from any decision of

the sheriff, the court may, if it thinks fit, suspend the disqualification on such

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terms as it thinks fit.

            The power conferred by this subsection may be exercised by a single judge of

the court.

     (4)    Where, by virtue of this section, a court suspends the disqualification, it must

send notice of the suspension to the Secretary of State.

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     (5)    The notice must—

           (a)           be sent in such manner and to such address, and

           (b)           contain such particulars,

            as the Secretary of State may determine.

 63    Power of appellate courts in Northern Ireland to suspend disqualification

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     (1)    This section applies where a person is disqualified by virtue of section 58.

     (2)    Where the person appeals to a court of summary jurisdiction against the

disqualification, the court may, if it thinks fit, suspend the disqualification.

     (3)    Where the person makes an application in respect of the decision of the court

under Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

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1981/ 1675 (N.I. 26)) (statement of case), the Court of Appeal may, if it thinks

fit, suspend the disqualification.

     (4)    Where the person has appealed, or applied for leave to appeal, to the House of

Lords under section 41 of the Judicature (Northern Ireland) Act 1978 (c. 23)

from any decision of the Court of Appeal which is material to the

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disqualification, the Court of Appeal may, if it thinks fit, suspend the

disqualification.

     (5)    Any power of a court under this section to suspend the disqualification is a

power to do so on such terms as the court thinks fit.

     (6)    Where, by virtue of this section, a court suspends the disqualification, it must

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send notice of the suspension to the Department.

     (7)    The notice must—

           (a)           be sent in such manner and to such address, and

           (b)           contain such particulars,

            as the Department may determine.

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Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    41

 

Production of licence

 64    Production of licence: Great Britain

     (1)    A person who—

           (a)           is given a notice under section 58 by the Secretary of State, and

           (b)           is the holder of a licence,

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            must deliver his licence and its counterpart to the Secretary of State before the

end of the period of 21 days beginning with the day on which the notice is

given.

     (2)    The Secretary of State may make regulations substituting a longer period for

the period for the time being mentioned in subsection (1).

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     (3)    If—

           (a)           a person delivers a current receipt for his licence and its counterpart to

the Secretary of State within the period for the time being mentioned in

subsection (1), and

           (b)           on the return of his licence and its counterpart immediately delivers

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them to the Secretary of State,

            the duty under subsection (1) is to be taken as satisfied.

             “Receipt” means a receipt issued under section 56 of the Road Traffic

Offenders Act 1988 (c. 53).

     (4)    Subsection (1) does not apply if the competent authority of the relevant State—

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           (a)           has the licence and its counterpart, or

           (b)           has delivered them to the Secretary of State.

     (5)    The relevant State is the State in which the offence in relation to which the

notice was given was committed.

     (6)    If the holder of a licence does not deliver his licence and its counterpart to the

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Secretary of State as required by subsection (1), he is guilty of an offence.

     (7)    A person is not guilty of an offence under subsection (6) if he satisfies the court

that he has applied for a new licence and has not received it.

            In relation to the holder of a Northern Ireland licence or Community licence, a

new licence includes the counterpart of such a licence.

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     (8)    A person guilty of an offence under subsection (6) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

     (9)    “Licence” means a Great Britain licence, a Northern Ireland licence or a

Community licence.

 65    Production of licence: Northern Ireland

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     (1)    A person who—

           (a)           is given a notice under section 58 by the Department, and

           (b)           is the holder of a licence,

            must deliver his licence and its counterpart to the Department before the end

of the period of 21 days beginning with the day on which the notice is given.

40

     (2)    The Department may make regulations substituting a longer period for the

period for the time being mentioned in subsection (1).

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    42

 

     (3)    If—

           (a)           a person delivers a current receipt for his licence and its counterpart to

the Department within the period for the time being mentioned in

subsection (1), and

           (b)           on the return of his licence and its counterpart immediately delivers

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them to the Department,

            the duty under subsection (1) is to be taken as satisfied.

             “Receipt” means a receipt issued under Article 62 of the Road Traffic

Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).

     (4)    Subsection (1) does not apply if the competent authority of the relevant State—

10

           (a)           has the licence and its counterpart, or

           (b)           has delivered them to the Department.

     (5)    The relevant State is the State in which the offence in relation to which the

notice was given was committed.

     (6)    If the holder of a licence does not deliver his licence and its counterpart to the

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Department as required by subsection (1), he is guilty of an offence.

     (7)    A person is not guilty of an offence under subsection (6) if he satisfies the court

that he has applied for a new licence and has not received it.

            In relation to the holder of a Great Britain licence or Community licence, a new

licence includes the counterpart of such a licence.

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     (8)    A person guilty of an offence under subsection (6) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

     (9)    “Licence” means a Northern Ireland licence, a Great Britain licence or a

Community licence.

 66    Production of licence: Community licence holders

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     (1)    This section applies where—

           (a)           the holder of a Community licence is disqualified by virtue of section

58, and

           (b)           the licence is sent to the Secretary of State or the Department under

section 64 or 65.

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     (2)    The Secretary of State or (as the case may be) the Department must send—

           (a)           the holder’s name and address, and

           (b)           particulars of the disqualification,

            to the licensing authority in the EEA State in respect of which the licence was

issued.

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     (3)    But subsection (2) does not apply if the EEA State is the same as the State in

which the offence in relation to which the holder is disqualified was

committed.

     (4)    The Secretary of State or (as the case may be) the Department must return the

licence to the holder—

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           (a)           on the expiry of the relevant period of the disqualification (within the

meaning of section 58), or

           (b)           if earlier, on being satisfied that the holder has left Great Britain or (as

the case may be) Northern Ireland and is no longer normally resident

there.

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Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    43

 

     (5)    But subsection (4) does not apply at any time where—

           (a)           the Secretary of State or the Department would otherwise be under a

duty under paragraph (a) of that subsection to return the licence, and

           (b)           the holder would not at that time be authorised by virtue of section

99A(1) of the Road Traffic Act 1988 (c. 52) or Article 15A(1) of the Road

5

Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)) to drive in

Great Britain or Northern Ireland a motor vehicle of any class.

     (6)    In that case the Secretary of State or (as the case may be) the Department

must—

           (a)           send the licence to the licensing authority in the EEA State in respect of

10

which it was issued, and

           (b)           explain to that authority the reasons for so doing.

     (7)    “EEA State” has the same meaning as in Part 3 of the Road Traffic Act 1988.

Disqualification

 67    Effect of disqualification by virtue of section 58

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Where the holder of a Great Britain licence or Northern Ireland licence is

disqualified by virtue of section 58, the licence is to be treated as revoked with

effect from the beginning of the period of disqualification.

 68    Rule for determining end of period of disqualification

In determining the expiration of the period for which a person is disqualified

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by virtue of section 58, any time during which—

           (a)           the disqualification is suspended, or

           (b)           he is not disqualified,

            is to be disregarded.

Endorsement

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 69    Endorsement of licence: Great Britain

     (1)    This section applies where a person who is normally resident in Great Britain

is disqualified by virtue of section 58.

     (2)    The Secretary of State must secure that particulars of the disqualification are

endorsed on the counterpart of any Great Britain licence or of any Northern

30

Ireland licence or Community licence which the person—

           (a)           may then hold, or

           (b)           may subsequently obtain,

            until he becomes entitled under subsection (4) or (5) to have a Great Britain

licence and its counterpart, or a counterpart of his Northern Ireland licence or

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Community licence, issued to him free from those particulars.

     (3)    On the issue to the person of—

           (a)           a new Great Britain licence, or

           (b)           a new counterpart of a Northern Ireland licence or Community licence,

            those particulars must be entered on the counterpart of the new licence or the

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new counterpart unless he has become so entitled.

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    44

 

     (4)    The person is entitled to have issued to him with effect from the end of the

period for which the endorsement remains effective a new Great Britain licence

with a counterpart free from the endorsement if he—

           (a)           applies for a new licence under section 97(1) of the Road Traffic Act

1988 (c. 52),

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           (b)           surrenders any subsisting licence and its counterpart,

           (c)           pays the fee prescribed by regulations under Part 3 of that Act, and

           (d)           satisfies the other requirements of section 97(1).

     (5)    The person is entitled to have issued to him with effect from the end of that

period a new counterpart of any Northern Ireland licence or Community

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licence then held by him free from the endorsement if he makes an application

to the Secretary of State for that purpose in such manner as the Secretary of

State may determine.

     (6)    The endorsement remains effective until four years have elapsed since he was

convicted of the offence in relation to which he is disqualified by virtue of

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section 58.

     (7)    Where the person ceases to be disqualified by virtue of section 58(6), the

Secretary of State must secure that the relevant particulars are endorsed on the

counterpart of the Great Britain licence or of any Northern Ireland licence or

Community licence previously held by him.

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 70    Endorsement of licence: Northern Ireland

     (1)    This section applies where a person who is normally resident in Northern

Ireland is disqualified by virtue of section 58.

     (2)    The Department must secure that particulars of the disqualification are

endorsed on the counterpart of any Northern Ireland licence or the counterpart

25

of any Great Britain licence or Community licence which the person—

           (a)           may then hold, or

           (b)           may subsequently obtain,

            until he becomes entitled under subsection (4) or (5) to have a Northern Ireland

licence and its counterpart, or a counterpart of his Great Britain licence or

30

Community licence, issued to him free from those particulars.

     (3)    On the issue to the person of—

           (a)           a new Northern Ireland licence, or

           (b)           a new counterpart of a Great Britain licence or Community licence,

            those particulars must be entered on the counterpart of the new licence or the

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new counterpart unless he has become so entitled.

     (4)    The person is entitled to have issued to him with effect from the end of the

period for which the endorsement remains effective a new Northern Ireland

licence with a counterpart free from the endorsement if he—

           (a)           applies for a new licence under Article 13(1) of the Road Traffic

40

(Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),

           (b)           surrenders any subsisting licence and its counterpart,

           (c)           pays the fee prescribed by regulations under Part 2 of that Order, and

           (d)           satisfies the other requirements of Article 13(1).

     (5)    The person is entitled to have issued to him with effect from the end of that

45

period a new counterpart of any Great Britain licence or Community licence

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    45

 

     (5)    then held by him free from the endorsement if he makes an application to the

Department for that purpose in such manner as it may determine.

     (6)    The endorsement remains effective until four years have elapsed since he was

convicted of the offence in relation to which he is disqualified by virtue of

section 58.

5

     (7)    Where the person ceases to be disqualified by virtue of section 58(6), the

Department must secure that the relevant particulars are endorsed on the

counterpart of the Northern Ireland licence or the counterpart of any Great

Britain licence or Community licence previously held by him.

General

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 71    Duty of appropriate Minister to inform competent authority

     (1)    This section applies where a competent authority of any State gives the

appropriate Minister a notice under the convention on driving

disqualifications in respect of any person.

     (2)    If the appropriate Minister gives a notice under section 58 to that person, he

15

must give the competent authority particulars of the disqualification which

arises by virtue of that section.

     (3)    If the appropriate Minister does not give such a notice, he must give his reasons

to the competent authority.

 72    Notices

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     (1)    A notice authorised or required under this Chapter to be given by the

appropriate Minister to an individual, or a Community licence required to be

returned to its holder by section 66, may be given or returned to him by—

           (a)           delivering it to him,

           (b)           leaving it at his proper address, or

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           (c)           sending it to him by post.

     (2)    For the purposes of—

           (a)           subsection (1), and

           (b)           section 7 of the Interpretation Act 1978 (c. 30) in its application to that

subsection,

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            the proper address of any individual is his latest address as known to the

appropriate Minister.

 73    Regulations: Great Britain

     (1)    Any power to make regulations conferred by this Chapter on the Secretary of

State is exercisable by statutory instrument.

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     (2)    A statutory instrument containing any such regulations is subject to

annulment in pursuance of a resolution of either House of Parliament.

     (3)    The regulations may make different provision for different purposes.

 

 

 
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