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PART IVN.I.FIXED PENALTIES

MiscellaneousN.I.

Powers of court [F1in cases of deception]N.I.

87.—(1) This Article applies where—

(a)in endorsing the counterpart of any person's licence under Article 63, the fixed penalty clerk [F2or the Department] is deceived as to whether endorsement under that Article is excluded by Article 66(2) by virtue of the fact that the licence holder would be liable to be disqualified under Article 40 if he were convicted of the offence; or

(b)in endorsing the counterpart of any person's licence under Article 82 [F3the appropriate person is deceived as to whether proceedings against the person are excluded by Article 81] by virtue of the fact that the licence holder would be liable to be disqualified under Article 40 if he were convicted of the offence.

[F4(1A) This Article also applies where–

(a)particulars are endorsed on a person's driving record under Article 63A because the fixed penalty clerk or the Department is deceived as to whether endorsement under that Article is excluded by Article 66A(2) by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under Article 40 if he were convicted of the offence, or

(b)particulars are endorsed on a person's driving record under Article 82A because the appropriate person or court is deceived as to whether proceedings against the person are excluded by Article 81 by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under Article 40 if he were convicted of the offence.]

(2) If—

(a)the deception constituted or was due to an offence committed by the [F5person to whom the fixed penalty notice was given or conditional offer was issued], and

(b)the [F6he] is convicted of that offence,

the court by or before which he is convicted shall have the same powers and duties as it would have had if he had also been convicted by or before it of the offence of which particulars were endorsed under Article 63 [F7or 63A] or, as the case may be, Article 82 [F8or 82A].