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The Road Traffic Offenders (Northern Ireland) Order 1996
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Changes over time for: Section 63
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Road Traffic Offenders (Northern Ireland) Order 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Article 63:
- art. 63 modifed (temp.) by 2016 c. 11 (N.I.) Sch. 1 para. 5(b)
- art. 63(1) words inserted by S.I. 2007/916 (N.I.) Sch. 4 para. 14(b)
- art. 63(1) words substituted by S.I. 2007/916 (N.I.) Sch. 2 para. 6(a)
- art. 63(3) words substituted by S.I. 2007/916 (N.I.) Sch. 2 para. 6(b)
- art. 63(4) words substituted by S.I. 2007/916 (N.I.) Sch. 2 para. 6(c)
- art. 63(6) words inserted by S.I. 2007/916 (N.I.) Sch. 2 para. 6(d)(ii)
- art. 63(6) words substituted by S.I. 2007/916 (N.I.) Sch. 2 para. 6(d)(i)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order transfer of functions by S.R. 2016/76 Sch. 5 Pt. 2
- Order transfer of functions by S.I. 2010/976 Sch. 17 para. 46
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Pt. 4A inserted by S.I. 2007/916 (N.I.) art. 12(1)
- Pt. 4B inserted by 2022 c. 32 s. 89(2)
- s. 40A 40B inserted by 2009 c. 25 Sch. 16 para. 4
- art. 15(1) power to apply conferred by S.I. 2007/916 (N.I.) Sch. 1 para. 8
- art. 15(1) power to apply conferred by SI 1981/154 (N.I. 1) Sch. 2A para. 7 (as inserted) by S.I. 2007/916 (N.I.) Sch. 3
- art. 23(2)(g) added by S.R. 2014/230 art. 2
- art. 35(1ZA)-(1ZC) inserted by 2016 c. 11 (N.I.) s. 12(2)
- art. 35(3A) inserted by 2016 c. 11 (N.I.) s. 13(2)
- art. 36(3A) inserted by 2009 c. 25 Sch. 21 para. 92(3)(d)
- art. 36(4A) inserted by 2016 c. 11 (N.I.) s. 14(2)
- art. 37(2A) inserted by 2009 c. 25 Sch. 21 para. 92(4)(c)
- art. 38A(5A) inserted by 2009 c. 25 Sch. 21 para. 92(5)(c)
- art. 38A(6A) inserted by 2009 c. 25 Sch. 21 para. 92(5)(e)
- art. 42(2A) inserted by 2009 c. 25 Sch. 21 para. 92(7)(c)
- art. 42(5) added by S.R. 2016/135 reg. 2(2)
- art. 47(3A) inserted by 2009 c. 25 Sch. 21 para. 92(8)(b)
- art. 47(3B) inserted by 2009 c. 25 Sch. 21 para. 92(8)(c)
- art. 52(2ZA) inserted by 2009 c. 25 Sch. 21 para. 92(9)(b)
- art. 54A inserted by 2016 c. 11 (N.I.) s. 15
- art. 59(2A) inserted by 2016 c. 11 (N.I.) s. 8(2)
- art. 59(4) added by 2016 c. 11 (N.I.) s. 8(3)
- art. 59A-59C inserted by 2016 c. 11 (N.I.) s. 9(1)
- art. 63A(7) added by 2016 c. 11 (N.I.) s. 11(1)(d)
- art. 64B inserted by 2016 c. 11 (N.I.) s. 8(5)
- art. 76(3A)(3B) inserted by 2016 c. 21 (N.I.) Sch. 2 para. 5(3)
Commencement Orders yet to be applied to the The Road Traffic Offenders (Northern Ireland) Order 1996
Commencement Orders bringing legislation that affects this Order into force:
- S.R. 2010/226 art. 2 Sch. commences (S.I. 2007/916 (N.I.))
- S.R. 2010/370 art. 2 Sch. commences (S.I. 2007/916 (N.I.))
- S.R. 2011/286 art. 2 Sch. commences (S.I. 2007/916 (N.I.))
- S.R. 2012/16 art. 2 commences (S.I. 1996/1320 (N.I.))
- S.R. 2012/262 art. 2-6 commences (2010 c. 2 (N.I.))
- S.R. 2012/313 art. 2 Sch. commences (2008 c. 4)
- S.R. 2014/238 art. 2 Sch. commences (2008 c. 4 (N.I.))
- S.R. 2015/284 art. 2 Sch. commences (2011 c. 11 (N.I.))
- S.R. 2015/389 art. 2(3) Sch. Pt. 3 commences (2008 c. 4 (N.I.))
- S.R. 2016/387 art. 2 commences (2015 c. 9 (N.I.))
- S.R. 2017/34 art. 2 commences (2010 c. 14 (N.I.))
- S.R. 2018/99 art. 2(a)-(c) commences (2016 c. 21 (N.I.))
Endorsement of [F1counterparts] without hearingsN.I.
63.—(1) Subject to paragraph (2), where a person [F2who is the holder of a licence] (referred to in this Article as “the licence holder”) [F3has been given a fixed penalty notice under Article 60 in respect of an offence involving obligatory endorsement,] the counterpart of his licence may be endorsed in accordance with this Article without any order of a court.
(2) The counterpart of a person's licence may not be endorsed under this Article if at the end of the suspended enforcement period—
(a)he has given notice, in the manner specified in the fixed penalty notice, requesting a hearing in respect of the offence to which the fixed penalty notice relates, and
(b)the fixed penalty has not been paid in accordance with this Part.
(3) On the payment of the fixed penalty before the end of the suspended enforcement period, the [F4person to whom it is paid] must endorse the relevant particulars on the counterpart of the licence and return it together with the licence to the licence holder.
(4) Where any sum determined by reference to the fixed penalty is registered under Article 76 for enforcement against the licence holder as a fine, the [F5person to whom the fixed penalty is required to be paid] must, on the registration of that sum, endorse the relevant particulars on the counterpart of the licence and return it together with the licence to the licence holder.
(5) References in this Article to the relevant particulars are to—
(a)particulars of the offence, including the date when it was committed, and
(b)the number of penalty points to be attributed to the offence.
(6) [F6Where the endorsement of] the counterpart of a person's licence under this Article [F7is made by the fixed penalty clerk] the fixed penalty clerk must send notice of the endorsement and of the particulars endorsed to the Department.
[F8(7) Paragraphs (3) and (4) are subject to Article 4(4)(a) of , and paragraph 7(4)(a) of Schedule 1 to, the Road Traffic (New Drivers) (Northern Ireland) Order 1998; and the fixed penalty clerk need not comly with paragraph (6) in a case where he sends a person's licence and its counterpart to the Department under Article 4(4)(b) of, or paragraph 7(4)(b) of Schedule 1 to, that Order.]
F1Word in art. 63 heading substituted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 14(a); S.R. 2010/370, art. 2(2), Sch. Pt. II
F2Words in art. 63(1) inserted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 39(6), Sch. 4 para. 14(b); S.R. 2010/370, art. 2(2), Sch. Pt. II
F3Words in art. 63(1) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(a); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F4Words in art. 63(3) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(b); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F5Words in art. 63(4) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(c); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F6Words in art. 63(6) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(d)(i); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F7Words in art. 63(6) inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 16, Sch. 2 para. 6(d)(ii); S.R. 2010/370, art. 2(1), Sch. Pt. 1
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