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The Road Traffic Offenders (Northern Ireland) Order 1996

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Endorsement [F1of counterparts] where penalty paidN.I.

82.—(1) Where—

(a)in pursuance of a conditional offer a person [F2who is the holder of a licence] (referred to in this Article as the “licence holder”) makes payment of the fixed penalty to [F3the appropriate person] and delivers his licence and its counterpart to [F4the appropriate person], and

[F5(b)proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by Article 81,]

the [F6appropriate person] must forthwith endorse the relevant particulars on the counterpart of the licence and return it to the licence holder together with the licence.

(2) Subject to paragraph (3), where a cheque tendered in payment is subsequently dishonoured—

(a)any endorsement made by the [F7appropriate person] under paragraph (1) remains effective, notwithstanding that the licence holder is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and

(b)[F8unless the appropriate person is the Department, the appropriate person] must, upon the expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the Chief Constable that no payment has been made.

(3) When proceedings are brought against a licence holder [F9where paragraph (2) applies], the court—

(a)must order the removal of the fixed penalty endorsement from the counterpart of the licence, and

(b)may, on finding the licence holder guilty, make any competent order of endorsement or disqualification and pass any competent sentence.

(4) The reference in paragraph (1) to the relevant particulars is 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.

(5) [F10Where the appropriate person is the fixed penalty clerk, he] must send notice to the Department—

(a)of any endorsement under paragraph (1) and of the particulars endorsed, and

(b)of any order under paragraph (3)(a).

(6) Where the counterpart of a person's licence is endorsed under this Article he shall be treated for the purposes of Articles 16(4), 30, 31 and 50 of this Order and of the [1978 NI 27.] Rehabilitation of Offenders (Northern Ireland) Order 1978 as if—

(a)he had been convicted of the offence,

(b)the endorsement had been made in pursuance of an order made on his conviction by a court under Article 49 of this Order, and

(c)the particulars of the offence endorsed by virtue of paragraph (4)(a) were particulars of his conviction of that offence.

(7) In relation to any endorsement of the counterpart of a person's licence under this Article—

(a)the reference in Article 50(3) of this Order to the order for endorsement, and

(b)the references in Article 16(4) to any order made on a person's conviction,

are to be read as a reference to the endorsement itself.

[F11(8) Paragraph (1) is 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 comply with paragraph (5)(a) 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.]

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