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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

    44

 

Endorsement

 68    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 57.

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

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

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

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

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,

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

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 Great Britain licence

with a counterpart free from the endorsement if he—

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

1988 (c. 52),

           (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).

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     (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

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.

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     (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 57.

     (7)    Where the person ceases to be disqualified by virtue of section 57(6), the

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

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

Community licence previously held by him.

 69    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 57.

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

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

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

           (a)           may then hold, or

 

 

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

    45

 

           (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

Community licence, issued to him free from those particulars.

     (3)    On the issue to the person of—

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           (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

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

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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

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

           (b)           surrenders any subsisting licence and its counterpart,

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           (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

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

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

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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 57.

     (7)    Where the person ceases to be disqualified by virtue of section 57(6), the

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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

 70    Duty of appropriate Minister to inform competent authority

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     (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 57 to that person, he

must give the competent authority particulars of the disqualification which

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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.

 71    Notices

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

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

returned to its holder by section 65, may be given or returned to him by—

           (a)           delivering it to him,

 

 

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

    46

 

           (b)           leaving it at his proper address, or

           (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

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subsection,

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

appropriate Minister.

 72    Regulations: Great Britain

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

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State is exercisable by statutory instrument.

     (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.

 73    Regulations: Northern Ireland

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     (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

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

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

 74    Interpretation

     (1)    In this Chapter—

                    “appropriate Minister” means—

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

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                  (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,

                    “Community licence”—

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                  (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/

154 (N.I.1)),

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                    “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

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

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on Driving Disqualifications signed on 17th June 1998,

                    “counterpart”—

 

 

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

    47

 

                  (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/

154 (N.I.1)),

5

                    “the Department” means the Department of the Environment,

                    “disqualified”, except in section 56, means—

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

a Great Britain licence,

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

10

obtaining a Northern Ireland licence,

                    and “disqualification” is to be interpreted accordingly,

                    “foreign disqualification” means the disqualification mentioned in section

56,

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

15

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

Traffic Act 1988,

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

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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,

                    “prescribed” means prescribed by regulations made by the appropriate

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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.

 75    Application to Crown

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

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Chapter 2

Mutual recognition within the United Kingdom etc.

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

After section 102 of the Road Traffic Act 1988 there is inserted—

“Disqualification if disqualified in Northern Ireland etc.

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       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

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

disqualification imposed outside Great Britain.

40

 

 

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

    48

 

           (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—

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

obtaining a Northern Ireland licence,

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                  (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

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

licence to drive a motor vehicle granted under the law of

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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

relevant disqualification imposed outside Great Britain shall be

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

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

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

 77    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

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

who—

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

State, and

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

25

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

section),

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

Ireland licence as a “counterpart”).

           (2)           The counterpart must—

30

                  (a)                 be in such form, and

                  (b)                 contain such information,

                         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—

35

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

Ireland) of the Northern Ireland licence holder;

                  (b)                 his date of birth;

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

Ireland licence to drive;

40

                  (d)                 the period of validity of the licence;

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

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

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this Part or Part 4 of this Act.

 

 

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

    49

 

           (4)           The Secretary of State—

                  (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

5

under, subsection (3) above; or

                        (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)

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

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—

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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—

45

 

 

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

    50

 

                  (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

5

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—

10

                  (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

15

of a court, and

                        (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.

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       91ZB  Effect of endorsement on Northern Ireland licence holders

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

in relation to Community licences.”

 78    Prohibition on holding or obtaining Great Britain and Northern Ireland

licences

25

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

     (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

30

and its counterpart (if any) issued to him under

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)

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above his Northern Ireland licence together with the

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

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vehicle of any class, and

                        (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

 

 

 
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