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The Road Traffic Offenders (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Powers of court where clerk deceived

87.—(1) This Article applies where—

(a)in endorsing the counterpart of any person’s licence under Article 63, the fixed penalty clerk 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 the fixed penalty clerk is deceived as to whether he is required by Article 81(4) to return the licence and its counterpart without endorsing the counterpart 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.

(2) If—

(a)the deception constituted or was due to an offence committed by the licence holder, and

(b)the licence holder 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 or, as the case may be, Article 82.

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