The Road Traffic Offenders (Northern Ireland) Order 1996

Provisions supplementary to Articles 36 and 37 N.I.

38.—(1) The Department may issue guidance to course organisers, or to any category of course organiser as to the conduct of courses approved for the purposes of Article 36; and—

(a) course organisers shall have regard to any guidance given to them under this paragraph, and

(b) in determining for the purposes of Article 37(6) whether any instructions or requirements of an organiser were reasonable, a court shall have regard to any guidance given to him under this paragraph.

(2) In Articles 36 and 37 and this Article—

• “course organiser”, in relation to a course, means the person who, in accordance with regulations made by the Department, is responsible for giving the certificates mentioned in Article 37(1) in respect of the completion of the course;

• “supervising court”, in relation to an order under Article 36, means a court of summary jurisdiction[F1 acting for the petty sessions district named in the order as the district where the offender resides or will reside; and any reference to the clerk of such a court is a reference to the clerk of petty sessions for the petty sessions district for which the court acts].

(3) Regulations under Article 37 or this Article—

(a) may include such incidental or supplementary provision as appears to the Department to be necessary or expedient; and

(b) shall be subject to negative resolution.

F1 Words in art. 38(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 109(3), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)