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The Road Traffic (Northern Ireland) Order 2007

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23.  In Article 4 (surrender of licences)–

(a)in paragraph (3)–

(i)in sub-paragraph (a)–

(A)after “Offenders Order” insert “, retained by a vehicle examiner under that Article”; and

(B)for “fixed penalty clerk”, in the second place where it occurs, substitute “appropriate person”;

(ii)in sub-paragraphs (c), (d) and (f), for “fixed penalty clerk” substitute “appropriate person”;

(b)in paragraph (4)–

(i)omit “, the fixed penalty clerk”;

(ii)in sub-paragraph (a), insert at the beginning “the appropriate person”; and

(iii)in sub-paragraph (b), insert at the beginning “unless the appropriate person is the Department, he”;

(c)in paragraph (5), omit “by the fixed penalty clerk”;

(d)after paragraph (6) insert–

(7) In this Article and Article 5–

“the appropriate person”, in relation to a fixed penalty notice, means–

(a)

if it was given by a constable or an authorised person, the fixed penalty clerk; and

(b)

if it was given by a vehicle examiner or the Department, the Department; and

“the appropriate person”, in relation to a conditional offer, means–

(a)

where the conditional offer was issued under Article 80(1) of the Offenders Order, the fixed penalty clerk; and

(b)

where it was issued under paragraph (1A) of that Article, the Department..

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