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The Road Traffic Offenders (Northern Ireland) Order 1996
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Changes to Legislation
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Changes and effects yet to be applied to Article 2:
- art. 2(2) word repealed by S.I. 2007/916 (N.I.) Sch. 5 para. 24(a)(ii) Sch. 8 Pt. 5
- art. 2(2) words inserted by 2016 c. 21 (N.I.) Sch. 2 para. 5(1)
- art. 2(2) words repealed by 2015 c. 9 (N.I.) Sch. 1 para. 109(1) Sch. 9 Pt. 1
- art. 2(2) words substituted by S.I. 2007/916 (N.I.) Sch. 5 para. 24(a)(i)
- art. 2(4) repealed by S.I. 2007/916 (N.I.) Sch. 5 para. 24(b) Sch. 8 Pt. 5
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.))
General interpretationN.I.
2.—(1) The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“clerk of petty sessions” shall be construed in accordance with Article 2(4) of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981;
[F1“the Department” means the Department of the Environment;]
“disqualified” means disqualified for holding or obtaining a licence;
“licence” means a licence to drive a motor vehicle granted under Part II of the Order of 1981,F2. . .
“offence involving obligatory endorsement” has the meaning given in Article 3;
“offence involving obligatory disqualification” and “offence involving discretionary disqualification” have the meaning given in Article 4;
“the Order of 1981” means the [1981 NI 1.] Road Traffic (Northern Ireland) Order 1981;
“the Order of 1995” means the [1995 NI 18.] Road Traffic (Northern Ireland) Order 1995;
[F3“the Order of 2007” means the Road Traffic (Northern Ireland) Order 2007;]
“petty sessions district” has the same meaning as in the Magistrates' Courts (Northern Ireland) Order 1981;
“provisional licence” means a licence granted by virtue of Article 13(2) of the Order of 1981;
“the provisions connected with the licensing of drivers” means Articles 3, 4, 11, 12, 24, 27 to 31, 33, 35 to 38[F2 40 to 53,[F4 92ZA to] and 92B,];
“the Road Traffic Orders” means the Order of 1981, the Order of 1995[F5 this Order F6. . . the Road Traffic Regulation (Northern Ireland) Order 1997][F7F8. . . the Order of 2007 [F9and the Taxis Act (Northern Ireland) 2008]];
“statutory provision” has the meaning assigned to it by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954[F2 and “Community licence”, “counterpart”[F4 EEA State and Great Britain licence] have the same meanings as in Part II of the Order of 1981.].
(3) Except where it is otherwise provided or the context so requires, any expression for whose interpretation provision is made by Part I of the Order of 1995 is to be construed in accordance with that provision.
(4) In this Order—
(a)any reference to a licence and its counterpart shall, in relation to licences granted before 1st January 1991, be construed as a reference to a licence only, and
(b)any reference to the counterpart of a licence shall, in relation to such licences, be construed as a reference to the licence itself.
(5) Subject to any express exception, references in this Order to any Part of this Order include a reference to any Schedule to this Order so far as relating to that Part.
F1Art. 2(2): definition of "the Department" inserted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 15(a); S.R. 2007/454, art. 2, Sch.
F2SR 1997/241
F3Art. 2(2): definition of "the Order of 2007" inserted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 15(b); S.R. 2007/302, art. 2, Sch.
F6Word in art. 2(2) in definition of "the Road Traffic Orders" omitted (27.6.2007) by virtue of Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 15(c)(i); S.R. 2007/302, art. 2, Sch.
F7Words in art. 2(2) in definition of "the Road Traffic Orders" inserted (27.6.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 15(c)(ii); S.R. 2007/302, art. 2, Sch.
F8Art. 2(2): word in the definition of "the Road Traffic Orders" omitted (23.11.2009) by virtue of Taxis Act (Northern Ireland) 2008 (c.4), ss. 58(1), 59, Sch. 2 para. 11(a); S.R. 2009/352, art. 2, Sch.
F9Art. 2(2): words in the definition of "the Road Traffic Orders" added (23.11.2009) by Taxis Act (Northern Ireland) 2008 (c.4), ss. 58(1), 59, Sch. 2 para. 11(b); S.R. 2009/352, art. 2, Sch.
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