Crime (International Co-operation) Act 2003

Production of licence

63 Production of licence: Great Britain

(1) A person who—

(a) is given a notice under section 57 by the Secretary of State, and

(b) is the holder of a licence,

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).

(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 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—

(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 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.

(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.

64 Production of licence: Northern Ireland

(1) A person who—

(a) is given a notice under section 57 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.

(2) The Department may make regulations substituting a longer period for the period for the time being mentioned in subsection (1).

(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 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—

(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 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.

(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.

65 Production of licence: Community licence holders

(1) This section applies where—

(a) the holder of a Community licence is disqualified by virtue of section 57, and

(b) the licence is sent to the Secretary of State or the Department under section 63 or 64.

(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.

(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—

(a) on the expiry of the relevant period of the disqualification (within the meaning of section 57), 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.

(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 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 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.