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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

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 74    Regulations: Northern Ireland

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

is exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979 (S.I. 1979/ 1573 (N.I. 12)).

     (2)    Any such regulations are subject to negative resolution (within the meaning of

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the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

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

 75    Interpretation

     (1)    In this Chapter—

                    “appropriate Minister” means—

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                  (a)                 in relation to Great Britain, the Secretary of State,

                  (b)                 in relation to Northern Ireland, the Department,

                    “central authority”, in relation to a State, means an authority designated

by the State as a central authority for the purposes of the convention on

driving disqualifications,

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                    “Community licence”—

                  (a)                 in relation to Great Britain, has the same meaning as in Part 3 of

the Road Traffic Act 1988 (c. 52),

                  (b)                 in relation to Northern Ireland, has the same meaning as in Part

2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/

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154 (N.I.1)),

                    “competent authority”, in relation to a State, means an authority which is

a competent authority in relation to the State for the purposes of the

convention on driving disqualifications,

                    “the convention on driving disqualifications” means the Convention

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drawn up on the basis of Article K.3 of the Treaty on European Union

on Driving Disqualifications signed on 17th June 1998,

                    “counterpart”—

                  (a)                 in relation to Great Britain, has the same meaning as in Part 3 of

the Road Traffic Act 1988,

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                  (b)                 in relation to Northern Ireland, has the same meaning as in Part

2 of the Road Traffic (Northern Ireland) Order 1981,

                    “the Department” means the Department of the Environment,

                    “disqualified”, except in section 57, means—

                  (a)                 in relation to Great Britain, disqualified for holding or obtaining

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a Great Britain licence,

                  (b)                 in relation to Northern Ireland, disqualified for holding or

obtaining a Northern Ireland licence,

                    and “disqualification” is to be interpreted accordingly,

                    “foreign disqualification” means the disqualification mentioned in section

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57,

                    “Great Britain licence” means a licence to drive a motor vehicle granted

under Part 3 of the Road Traffic Act 1988,

                    “motor vehicle”—

                  (a)                 in relation to Great Britain, has the same meaning as in the Road

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Traffic Act 1988,

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 2 — Mutual recognition within the United Kingdom etc.

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                  (b)                 in relation to Northern Ireland, has the same meaning as in the

Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/ 2994

(N.I.18)),

                    “Northern Ireland licence” means a licence to drive a motor vehicle

granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981

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(S.I. 1981/ 154 (N.I.1)),

                    “prescribed” means prescribed by regulations made by the appropriate

Minister.

     (2)    In this Chapter a disqualification, or foreign disqualification, for life is to be

treated as being for a period of not less than six months.

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 76    Application to Crown

This Chapter applies to vehicles and persons in the public service of the Crown.

Chapter 2

Mutual recognition within the United Kingdom etc.

 77    Recognition in Great Britain of disqualifications in Northern Ireland etc.

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After section 102 of the Road Traffic Act 1988 (c. 52) there is inserted—

“Disqualification if disqualified in Northern Ireland etc.

       102A  Disqualification while disqualified in Northern Ireland, Isle of Man,

Channel Islands or Gibraltar

           (1)           A person is disqualified for holding or obtaining a licence to drive a

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motor vehicle of any class so long as he is subject to a relevant

disqualification imposed outside Great Britain.

           (2)           For the purposes of this section a person is subject to a relevant

disqualification imposed outside Great Britain if, in respect of any

offence—

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                  (a)                 a court in Northern Ireland disqualifies him for holding or

obtaining a Northern Ireland licence,

                  (b)                 a court in the Isle of Man or any of the Channel Islands

disqualifies him for holding or obtaining a British external

licence, or

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                  (c)                 a court in Gibraltar disqualifies him for holding or obtaining a

licence to drive a motor vehicle granted under the law of

Gibraltar.

           (3)           A certificate signed by the Secretary of State which states, in respect of

a person, any matter relating to the question whether he is subject to a

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relevant disqualification imposed outside Great Britain shall be

evidence (in Scotland, sufficient evidence) of the matter so stated.

           (4)           A certificate stating that matter and purporting to be so signed shall be

deemed to be so signed unless the contrary is proved.”

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 2 — Mutual recognition within the United Kingdom etc.

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 78    Endorsement of counterparts issued to Northern Ireland licence holders

     (1)    After section 109 of the Road Traffic Act 1988 (c. 52) there is inserted—

       “109A  Counterparts issued to Northern Ireland licence holders

           (1)           The Secretary of State may issue to any Northern Ireland licence holder

who—

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                  (a)                 has delivered his Northern Ireland licence to the Secretary of

State, and

                  (b)                 has provided him with the information specified in, or required

under, subsection (3) below (whether or not in pursuance of this

section),

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                         a document (referred to in this Part of this Act in relation to a Northern

Ireland licence as a “counterpart”).

           (2)           The counterpart must—

                  (a)                 be in such form, and

                  (b)                 contain such information,

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                         designed for the endorsement of particulars relating to the Northern

Ireland licence as the Secretary of State may determine.

           (3)           The information referred to in subsection (1) above is—

                  (a)                 the name and address (whether in Great Britain or Northern

Ireland) of the Northern Ireland licence holder;

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                  (b)                 his date of birth;

                  (c)                 the classes of vehicle which he is authorised by his Northern

Ireland licence to drive;

                  (d)                 the period of validity of the licence;

                  (e)                 whether it was granted in exchange for a licence issued by a

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state other than an EEA State; and

                  (f)                 such other information as the Secretary of State may require for

the purposes of the proper exercise of any of his functions under

this Part or Part 4 of this Act.

           (4)           The Secretary of State—

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                  (a)                 may endorse a Northern Ireland licence delivered to him

(whether or not in pursuance of this section) in such manner as

he may determine—

                        (i)                        with any part of the information specified in, or required

under, subsection (3) above; or

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                        (ii)                       with information providing a means of ascertaining that

information or any part of it; and

                  (b)                 must return the Northern Ireland licence to the holder.

           (5)           Subsections (6) to (9), (11) (with the omission of paragraph (a)) and (12)

of section 99B of this Act apply for the purposes of this section as if the

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references to a Community licence were references to a Northern

Ireland licence.”

     (2)    After section 91 of the Road Traffic Offenders Act 1988 (c. 53) there is

inserted—

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 2 — Mutual recognition within the United Kingdom etc.

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       “91ZA  Application to Northern Ireland licence holders

           (1)           The references to a licence in the following provisions of this Act

include references to a Northern Ireland licence—

                  (a)                 section 7,

                  (b)                 section 26(7) and (8) and (9)(b),

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                  (c)                 section 27,

                  (d)                 section 29(1),

                  (e)                 section 30,

                  (f)                 section 31(1),

                  (g)                 section 32,

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                  (h)                 section 42(5),

                  (i)                 section 44(1),

                  (j)                 section 46(2),

                  (k)                 section 47(2) and (3),

                  (l)                 section 48(1) and (2).

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           (2)           Accordingly, the reference in section 27(3)(b) of this Act to the

suspension of a licence is to be construed in relation to a Northern

Ireland licence holder as a reference to his ceasing to be authorised by

virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great

Britain a motor vehicle of any class.

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           (3)           The references in sections 26(9)(a) and 27(3) of this Act to a new licence

include references to a counterpart of a Northern Ireland licence.

           (4)           In relation to a Northern Ireland licence holder to whom a counterpart

is issued under section 109A of the Road Traffic Act 1988, the references

in Part 3 of this Act (except sections 75(12), 76(8) and 77(9)) to a licence

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include references to a Northern Ireland licence.

           (5)           Where a court orders the endorsement of the counterpart of any

Northern Ireland licence held by a person, it must send notice of the

endorsement to the Secretary of State.

           (6)           The notice must—

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

                  (b)                 contain such particulars,

                         as the Secretary of State may determine.

           (7)           Where a court orders the holder of a Northern Ireland licence to be

disqualified, it must send the Northern Ireland licence and its

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counterpart (if any), on their being produced to the court, to the

Secretary of State.

           (8)           The licence and its counterpart must be sent to such address as the

Secretary of State may determine.

           (9)           Where—

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                  (a)                 a notice is sent to the Secretary of State under subsection (5)

above, and

                  (b)                 the particulars contained in the notice include—

                        (i)                        particulars of an offence in respect of which the holder

of a Northern Ireland licence is disqualified by an order

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of a court, and

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 2 — Mutual recognition within the United Kingdom etc.

    50

 

                        (ii)                       particulars of the disqualification,

                         the Secretary of State must send a notice containing the particulars

mentioned in paragraph (b)(i) and (ii) to the licensing authority in

Northern Ireland.

       91ZB  Effect of endorsement on Northern Ireland licence holders

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Section 91B applies in relation to Northern Ireland licences as it applies

in relation to Community licences.”

 79    Prohibition on holding or obtaining Great Britain and Northern Ireland

licences

     (1)    The Road Traffic Act 1988 (c. 52) is amended as follows.

10

     (2)    In section 97 (grant of licences)—

           (a)           in subsection (1)(c), after sub-paragraph (i) there is inserted—

                               “(ia)                                 any Northern Ireland licence held by him

together with its Northern Ireland counterpart

and its counterpart (if any) issued to him under

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this Part of this Act,”,

           (b)           after subsection (1A) there is inserted—

                  “(1AA)                    Where a licence under this Part of this Act is granted to a person

who surrenders under sub-paragraph (ia) of subsection (1)(c)

above his Northern Ireland licence together with the

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counterparts mentioned in that sub-paragraph to the Secretary

of State—

                        (a)                        that person ceases to be authorised by virtue of section

109(1) of this Act to drive in Great Britain a motor

vehicle of any class, and

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                        (b)                        the Secretary of State must send the Northern Ireland

licence and its Northern Ireland counterpart to the

licensing authority in Northern Ireland together with

particulars of the class of motor vehicles to which the

licence granted under this Part of this Act relates.”

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     (3)    In section 99 (duration of licences), after subsection (3) there is inserted—

           “(3A)              Where—

                  (a)                 the Secretary of State is sent under a provision of Northern

Ireland law corresponding to section 97(1AA) of this Act a

licence granted under this Part of this Act to a person to drive a

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motor vehicle of any class, and

                  (b)                 the Secretary of State is satisfied that a Northern Ireland licence

to drive a motor vehicle of that or a corresponding class has

been granted to that person,

                         the Secretary of State must serve notice in writing on that person

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revoking the licence granted under this Part of this Act.”

     (4)    In section 102 (disqualification to prevent duplication of licences), at the end

there is inserted—

           “(2)              A person is also disqualified for holding or obtaining a licence

authorising him to drive a motor vehicle of any class so long as he is

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Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 2 — Mutual recognition within the United Kingdom etc.

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           authorised by virtue of section 109(1) of this Act to drive a motor

vehicle of that or a corresponding class.”

 80    Disability and prospective disability

     (1)    The Road Traffic Act 1988 (c. 52) is amended as follows.

     (2)    After section 109A (as inserted by section 78 of this Act) there is inserted—

5

       “109B  Revocation of authorisation conferred by Northern Ireland licence

because of disability or prospective disability

           (1)           If the Secretary of State is at any time satisfied on inquiry—

                  (a)                 that a Northern Ireland licence holder is suffering from a

relevant disability, and

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                  (b)                 that he would be required by virtue of section 92(3) of this Act

to refuse an application made by the holder at that time for a

licence authorising him to drive a vehicle of the class in respect

of which his Northern Ireland licence was issued or a class

corresponding to that class,

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                         he may serve notice in writing requiring the licence holder to deliver

immediately to the Secretary of State his Northern Ireland licence

together with its Northern Ireland counterpart and its counterpart (if

any) issued to him under this Part of this Act (“the relevant

counterparts”).

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           (2)           If the Secretary of State is satisfied on inquiry that a Northern Ireland

licence holder is suffering from a prospective disability, he may—

                  (a)                 serve notice in writing on the Northern Ireland licence holder

requiring him to deliver immediately to the Secretary of State

his Northern Ireland licence together with the relevant

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counterparts, and

                  (b)                 on receipt of the Northern Ireland licence and those

counterparts and of an application made for the purposes of this

subsection, grant to the Northern Ireland licence holder, free of

charge, a licence for a period determined by the Secretary of

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State under section 99(1)(b) of this Act.

           (3)           The Secretary of State may require a person to provide—

                  (a)                 evidence of his name, address, sex and date and place of birth,

and

                  (b)                 a photograph which is a current likeness of him,

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                         before granting a licence to him on an application for the purposes of

subsection (2) above.

           (4)           A person who—

                  (a)                 is required under, or by virtue of, this section to deliver to the

Secretary of State his Northern Ireland licence and the relevant

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counterparts, but

                  (b)                 without reasonable excuse, fails to do so,

                         is guilty of an offence.

           (5)           Where a Northern Ireland licence holder to whom a counterpart is

issued under section 109A of this Act—

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Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 2 — Mutual recognition within the United Kingdom etc.

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                  (a)                 is required under, or by virtue of, this section to deliver his

Northern Ireland licence and that counterpart to the Secretary

of State, and

                  (b)                 is not in possession of them in consequence of the fact that he

has surrendered them to a constable or authorised person

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(within the meaning of Part 3 of the Road Traffic Offenders Act

1988) on receiving a fixed penalty notice given to him under

section 54 of that Act,

                         he does not fail to comply with any such requirement if he delivers

them to the Secretary of State immediately on their return.

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           (6)           Where a Northern Ireland licence holder is served with a notice in

pursuance of this section, he shall cease to be authorised by virtue of

section 109(1) of this Act to drive in Great Britain a motor vehicle of any

class from such date as may be specified in the notice, not being earlier

than the date of service of the notice.

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           (7)           Where a Northern Ireland licence is delivered to the Secretary of State

in pursuance of this section, he must—

                  (a)                 send the licence and its Northern Ireland counterpart to the

licensing authority in Northern Ireland, and

                  (b)                 explain to them his reasons for so doing.

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       109C  Information relating to disabilities etc

Section 94 of this Act shall apply to a Northern Ireland licence holder

who is normally resident in Great Britain as if—

                  (a)                 in subsection (1), for the words from the beginning to “aware”

there were substituted “If a Northern Ireland licence holder

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who is authorised by virtue of section 109(1) of this Act to drive

in Great Britain a motor vehicle of any class, is aware

immediately before the relevant date, or becomes aware on or

after that date”,

                  (b)                 after that subsection there were inserted—

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                  “(1A)                    For the purposes of subsection (1) “relevant date” means—

                        (a)                        in the case where the licence holder first became

normally resident in Great Britain on or before the date

on which section 80 of the Crime (International Co-

operation) Act 2003 comes into force, that date; and

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                        (b)                        in any other case, the date on which he first became so

resident.”,

                  (c)                 for subsection (3A) there were substituted—

                  “(3A)                    A person who—

                        (a)                        is authorised by virtue of section 109(1) of this Act to

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drive in Great Britain a motor vehicle of any class, and

                        (b)                        drives on a road a motor vehicle of that class,

                                      is guilty of an offence if at any earlier time while he was so

authorised he was required by subsection (1) above to notify the

Secretary of State but has failed without reasonable excuse to do

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so.”,

                  (d)                 in subsection (4), the words “an applicant for, or” (in both

places) were omitted,

 

 

 
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