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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

    67

 

The Criminal Justice Act 1987 (c. 38)

  11       The Criminal Justice Act 1987 is amended as follows.

  12       In section 2 (investigation powers of Director of Serious Fraud Office)—

              (a)             in subsection (1A), for paragraph (b) there is substituted—

                           “(b)                             the territorial authority acting under section 15(2) of

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the Crime (International Co-operation) Act 2003, in

response to a request received by the authority from a

person mentioned in section 13(2) of that Act (an

“overseas authority”).

                                                        In                              this section, “the territorial authority” has the same

10

meaning as in section 28(7) of that Act.”,

              (b)             in subsection (1B), for “Secretary of State” there is substituted

“territorial authority”,

              (c)             in subsection (8A), for the words from “furnished” to the end there is

substituted “given to the overseas authority which requested it or

15

given to the territorial authority for forwarding to that overseas

authority)”,

              (d)             subsection (8B) is omitted,

              (e)             in subsection (8C), for “transmitted” (in both places) there is

substituted “forwarded”,

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              (f)             in subsection (18), “(8B)” is omitted.

The Road Traffic Act 1988 (c. 52)

  13       The Road Traffic Act 1988 is amended as follows.

  14       In section 88 (exceptions to offence under section 87)—

              (a)             in subsection (1A)(b)(ii), for “section 4(1) of or paragraph 6(1) or 9(1)”

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there is substituted “section 4 of or paragraph 6 or 9”,

              (b)             in subsection (1B)(                a), after “Road Traffic Acts” there is inserted “or

Chapter 1 of Part 3 of the Crime (International Co-operation) Act

2003”.

  15       In section 92 (requirements as to physical fitness of drivers), in subsection

30

(7D), after “99D” there is inserted “or 109C”.

  16       In section 94A (driving after refusal or revocation of licence), in subsection

(1)—

              (a)             in paragraph (a)(ii), for “section 93(1) or (2)” there is substituted

“section 93”,

35

              (b)             in paragraph (a)(iii)—

                    (i)                   after “section 99C(1) or (2)” there is inserted “or 109B”,

                    (ii)                  after “Community licence” there is inserted “or Northern

Ireland licence”,

              (c)             in paragraph (b)(ii), at the end there is inserted “or Northern Ireland

40

licence”.

  17       In section 97 (grant of licences), in subsection (1)(d), for “section 4(1) of or

paragraph 6(1) or 9(1)” there is substituted “section 4 of or paragraph 6 or 9”.

  18       In section 100 (appeals relating to licences), in subsection (1)—

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

    68

 

              (a)             in paragraph (c), after “99(3)” there is inserted “or (3A)”,

              (b)             for “or 99C” there is substituted “, 99C or 109B”.

  19       In section 105 (regulations)—

              (a)             in subsection (2)—

                    (i)                   in paragraph (a), after “this Act,” there is inserted “Northern

5

Ireland licences,”,

                    (ii)                  in paragraph (b)(iii), after “this Act” there is inserted “, of

Northern Ireland licences”,

                    (iii)                 in paragraph (ea), after “counterparts” (in the first place)

there is inserted “of Northern Ireland licences or” and after

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“counterparts” (in the second place) there is inserted “of

Northern Ireland licences or (as the case may be)”,

                    (iv)                  in paragraph (f), before “Community licences” there is

inserted “Northern Ireland licences or”,

              (b)             in subsection (5), for “, 91A and” there is substituted “and 91ZA to”.

15

  20       In section 107 (service of notices), for “99B or 99E” there is substituted “99B,

99E or 109A”.

  21       In section 108 (interpretation), in subsection (1)—

              (a)             in the definition of “counterpart”, the “and” at the end of paragraph

(a) is omitted and after that paragraph there is inserted—

20

                           “(aa)                             in relation to a Northern Ireland licence, has the

meaning given by section 109A of this Act (except in

the definition of “Northern Ireland counterpart”

below), and”,

              (b)             in the definition of “Northern Ireland driving licence” and “Northern

25

Ireland licence”, at the end there is inserted “and “Northern Ireland

counterpart” means the document issued with the Northern Ireland

licence as a counterpart under the law of Northern Ireland”.

  22       In section 109 (provisions as to Northern Ireland drivers’ licences)—

              (a)             in subsection (1), after “Great Britain,” there is inserted “in

30

accordance with that licence,”,

              (b)             in subsection (2), paragraph (b) and the “and” preceding it are

omitted,

              (c)             subsections (3) to (5) are omitted.

  23       In section 164 (power of constables to require production of driving licence

35

etc.)—

              (a)             in subsection (3)—

                    (i)                   in paragraph (a), before “the Secretary of State” there is

inserted “a person is required to deliver his licence and its

counterpart to the Secretary of State under section 64 of the

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Crime (International Co-operation) Act 2003 or”,

                    (ii)                  in paragraph (a)(iii), after “99C” there is inserted “, 109B”,

                    (iii)                 in paragraph (b), after “99C” there is inserted “, 109B” and

after “or 118” there is inserted “or section 64 of the Crime

(International Co-operation) Act 2003”,

45

              (b)             in subsection (11)—

                    (i)                   in the definition of “licence”, after “this Act” there is inserted

“, a Northern Ireland licence”,

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

    69

 

                    (ii)                  after ““counterpart”,” there is inserted ““Northern Ireland

licence”,”.

  24       In section 167 (power of arrest for constable in Scotland), before

“Community licence” there is inserted “Northern Ireland licence or”.

  25       In section 173 (forgery of documents, etc.)—

5

              (a)             in subsection (2)(aa), after “counterpart of a” there is inserted

“Northern Ireland licence or”,

              (b)             in subsection (4), for “and “Community licence”” there is substituted

“, “Community licence” and “Northern Ireland licence””.

  26       In section 176 (power to seize certain articles)—

10

              (a)             in subsection (1A), before “Community licence” (in both places) there

is inserted “Northern Ireland licence or”,

              (b)             in subsection (3A), after “such licence or” there is inserted “of a

Northern Ireland licence or”,

              (c)             in subsection (8), for “and “Community licence”” there is substituted

15

“, “Community licence” and “Northern Ireland licence””.

  27       In section 193A (tramcars and trolley vehicles), in subsection (2)(b), for

“91A,” there is substituted “91ZA to”.

The Road Traffic Offenders Act 1988 (c. 53)

  28       The Road Traffic Offenders Act 1988 is amended as follows.

20

  29       In section 3 (restriction on institution of proceedings for certain offences), in

subsection (2A), after “99D” there is inserted “or 109C”.

  30       In section 26 (interim disqualification), in subsection (10), for the words from

“and 91A(5)” to “licences)” there is substituted “, 91ZA(7) and 91A(5) of this

Act”.

25

  31       In section 98 (general interpretation), in subsection (1)—

              (a)             in the definition of “the provisions connected with the licensing of

drivers”, for “91A,” there is substituted “91ZA to”,

              (b)             for “and “EEA State”” there is substituted “, “EEA State” and

“Northern Ireland licence””.

30

  32       In Schedule 1 (offences to which section 1, 6, 11 and 12(1) of the Act apply)—

              (a)             in the entry for section 94(3) of the Road Traffic Act 1988, in column

1, at the end there is inserted “or 109C”,

              (b)             in the entry for section 94(3A) of that Act, in column 1, at the end

there is inserted “or 109C(c)”,

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              (c)             in the entry for section 94A of that Act, in column 2, at the end there

is inserted “or 109B”,

              (d)             in the entry for section 99B(11) of that Act—

                    (i)                   in column 1, at the end there is inserted “and that subsection

as applied by RTA section 109A(5)”,

40

                    (ii)                  in column 2, at the end there is inserted “or a requirement

under section 99B(6) or (7) as applied by section 109A(5)”.

  33       In Schedule 2 (prosecution and punishment of offences)—

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

    70

 

              (a)             in the entry for section 94(3) of the Road Traffic Act 1988, in column

2, at the end there is inserted “or 109C”,

              (b)             in the entry for section 94(3A) of that Act, in column 2, at the end

there is inserted “or 109C(c)”,

              (c)             in the entry for section 94A of that Act, in column 2, at the end there

5

is inserted “or 109B”,

              (d)             in the entry for section 99B(11) of that Act—

                    (i)                   in column 1, at the end there is inserted “and that subsection

as applied by RTA section 109A(5)”,

                    (ii)                  in column 2, at the end there is inserted “or a requirement

10

under section 99B(6) or (7) as applied by section 109A(5)”,

              (e)             the entry for section 109 of that Act is omitted,

              (f)             before the entry for section 114 of that Act there is inserted—

 

“RTA section

Failure to

Summarily.

Level 3 on

    
 

109B(4)

deliver

 

the standard

    

15

  

Northern

 

scale.”

    
  

Ireland

      
  

licence to

      
  

Secretary of

      
  

State when

      

20

  

required by

      
  

notice under

      
  

section 109B.

      

The Criminal Justice (International Co-operation) Act 1990 (c. 5)

  34       The Criminal Justice (International Co-operation) Act 1990 is amended as

25

follows.

  35       Sections 1 to 4, 7 and 8 (mutual service of process and provision of evidence)

are omitted.

  36       In section 11 (application to courts-martial etc.), for subsection (1) there is

substituted—

30

              “(1)                A warrant may be issued under section 6 above where it appears to

the Secretary of State that it is desirable for a prisoner (within the

meaning of that section) to be identified in, or otherwise by his

presence to assist, any proceedings for a civil offence or the

investigation of such an offence.”

35

  37       Schedule 1 (proceedings of nominated court) is omitted.

The Road Traffic (New Drivers) Act 1995 (c. 13)

  38       The Road Traffic (New Drivers) Act 1995 is amended as follows.

  39       In section 2 (surrender of licences), at the end there is inserted—

              “(6)                In this section and section 3 “licence” includes a Northern Ireland

40

licence.”

  40       In section 3 (revocation of licences)—

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

    71

 

              (a)             after subsection (1) there is inserted—

                    “(1A)                      Where the Secretary of State serves on the holder of a

Northern Ireland licence a notice under subsection (1), the

Secretary of State must send to the licensing authority in

Northern Ireland—

5

                           (a)                          particulars of the notice; and

                           (b)                          the Northern Ireland licence.

                    (1B)                      Where the Secretary of State is sent by that licensing

authority particulars of a notice served on the holder of a

licence under a provision of Northern Ireland law

10

corresponding to subsection (1), he must by notice served on

the holder revoke the licence.”,

              (b)             in subsection (2), after “subsection (1)” there is inserted “or (1B)”,

              (c)             at the end, there is inserted—

                    “(3)                      In this section references to the revocation of a person’s

15

Northern Ireland licence are references to its revocation as

respects Great Britain; and, accordingly, the person ceases 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.”

20

  41       In section 4 (re-testing)—

              (a)             in subsection (1)—

                    (i)                   for “section 3(1)” there is substituted “section 3”,

                    (ii)                  after “full licence” (in the second place it occurs) there is

inserted “or (as the case may be) full Northern Ireland

25

licence”,

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

                    “(1A)                      Subject to subsection (5), the Secretary of State may not under

that Part grant a person whose Northern Ireland licence has

been revoked under a provision of Northern Ireland law

30

corresponding to section 3(1) a full licence to drive any class

of vehicles in relation to which the revoked licence was

issued as a full Northern Ireland licence unless he satisfies the

Secretary of State as mentioned in subsection (1).”,

              (c)             in subsections (2) and (3), at the end there is inserted “or (as the case

35

may be) full Northern Ireland licence”,

              (d)             in subsection (5)—

                    (i)                   for “Subsection (1) does” there is substituted “Subsections (1)

and (1A) do”, and

                    (ii)                  for “section 3(1)” there is substituted “section 3 or whose

40

Northern Ireland licence has been revoked under a provision

of Northern Ireland law corresponding to section 3(1)”.

  42       In section 5 (restoration of licence without re-testing in certain cases)—

              (a)             in subsections (1), (4) and (6), for “section 3(1)” there is substituted

“section 3”,

45

              (b)             in subsections (3)(a) and (4)(c), after “section 2” there is inserted “or

(as the case may be) the provision of Northern Ireland law

corresponding to that section”,

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

    72

 

              (c)             at the end there is inserted—

                    “(11)                      Nothing in this section applies in relation to a person whose

Northern Ireland licence has been revoked under section

3(1).”

  43       In section 7 (early termination of probationary period)—

5

              (a)             in paragraph (b), for “section 3(1)” there is substituted “section 3”,

              (b)             in paragraph (c)—

                    (i)                   for “paragraph 5(1)” there is substituted “paragraph 5”,

                    (ii)                  for “paragraph 8(1)” there is substituted “paragraph 8”.

  44       In section 9 (interpretation), after subsection (2) there is inserted—

10

              “(2A)                In this Act—

                                      “full Northern Ireland licence” means a Northern Ireland

licence other than a Northern Ireland provisional licence,

                                      “Northern Ireland provisional licence” means a Northern

Ireland licence which corresponds to a provisional licence.”

15

  45       Schedule 1 (newly qualified drivers holding test certificates) is amended as

follows.

  46       In paragraph 1, at the end there is inserted—

          “(3)                                   In this Schedule “licence” includes a Northern Ireland licence, “full

licence” includes a full Northern Ireland licence and “provisional

20

licence” includes a Northern Ireland provisional licence.

          (4)                                   In relation to the holder of a Northern Ireland licence, the

following sub-paragraphs have effect for the purposes of this

Schedule.

          (5)                                   References to a test certificate are references to a certificate or other

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document (in this Schedule referred to as a “Northern Ireland test

certificate”) which is evidence that he has not more than two years

previously passed a Northern Ireland test of competence to drive

corresponding to the test mentioned in sub-paragraph (1).

          (6)                                   References to prescribed conditions are references to conditions

30

subject to which the Northern Ireland provisional licence was

granted.”

  47       In paragraph 2, after sub-paragraph (4) there is inserted—

          “(4A)                                   In relation to the holder of a Northern Ireland licence, the

reference in sub-paragraph (4)(b) to section 98(2) of the Road

35

Traffic Act 1988 is a reference to the corresponding provision

under the law of Northern Ireland.”

  48       In paragraph 5—

              (a)             after sub-paragraph (1) there is inserted—

                 “(1A)                                               Where the Secretary of State serves on the holder of a

40

Northern Ireland licence a notice under sub-paragraph (1),

the Secretary of State must send to the licensing authority

in Northern Ireland particulars of the notice together with

the Northern Ireland test certificate.

 

 

Crime (International Co-operation) Bill [HL]
Schedule 4 — Minor and consequential amendments

    73

 

                 (1B)                                               Where the Secretary of State is sent by that licensing

authority particulars of a notice served on the holder of a

licence under a provision of Northern Ireland law

corresponding to sub-paragraph (1), he must by notice

served on that person revoke his test certificate.”,

5

              (b)             in sub-paragraph (2), after “sub-paragraph (1)” there is inserted “or

(1B)”,

              (c)             at the end there is inserted—

                 “(4)                                               In this paragraph and paragraph 8 references to the

revocation of a person’s Northern Ireland test certificate

10

are references to its revocation as respects Great Britain.

                 (5)                                               The effect of the revocation of a person’s Northern Ireland

test certificate as respects Great Britain is that any

prescribed conditions to which his Northern Ireland

provisional licence ceased to be subject when he became a

15

qualified driver shall again apply for the purposes of

section 109(1) of the Road Traffic Act 1988.”

  49       In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” there is

substituted “paragraph 5, or whose Northern Ireland test certificate has been

revoked under a provision of Northern Ireland law corresponding to

20

paragraph 5(1),”.

  50       In paragraph 8—

              (a)             after sub-paragraph (1) there is inserted—

                 “(1A)                                               Where the Secretary of State serves on the holder of a

Northern Ireland licence a notice under sub-paragraph (1),

25

the Secretary of State must send to the licensing authority

in Northern Ireland particulars of the notice together with

the Northern Ireland licence and the Northern Ireland test

certificate.

                 (1B)                                               Where the Secretary of State is sent by that licensing

30

authority particulars of a notice served on the holder of a

licence under a provision of Northern Ireland law

corresponding to sub-paragraph (1), he must by notice

served on that person revoke his licence and test

certificate.”,

35

              (b)             in sub-paragraph (2), after “sub-paragraph (1)” there is inserted “or

(1B)”,

              (c)             at the end there is inserted—

                 “(3)                                               In this paragraph references to the revocation of a person’s

Northern Ireland licence are references to its revocation as

40

respects Great Britain; and, accordingly, the person ceases

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.”

  51       In paragraph 9—

45

              (a)             in sub-paragraph (1), for “paragraph 8(1)” there is substituted

“paragraph 8, or whose Northern Ireland licence and Northern

Ireland test certificate have been revoked under a provision of

Northern Ireland law corresponding to paragraph 8(1),”,

 

 

 
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