The Driving Licences (Community Driving Licence) Regulations (Northern Ireland) 1996

2.—(1) Article 5 (tests of competence to drive) shall be amended as follows.

(2) In paragraph (1)—

(a) for “satisfies the Department” there shall be substituted “meets the relevant residence requirement and satisfies the Department”,

(b) in sub-paragraph (c), the words “conducted under any relevant external law or” shall be omitted,

(c) in sub-paragraph (e)—

(i) the words “of another member State or”, and

(ii) the words “or a designated country or territory”,

shall be omitted,

(d) after “or” at the end of that sub-paragraph there shall be inserted—

“(ea) that either at the time of the application for the licence he holds a Community licence authorising the driving of vehicles of that or a corresponding class or at any time he has held such a Community licence; or”, and

(e) for sub-paragraph (f) there shall be substituted—

“(f) that, at the time of the application for the licence, he holds an exchangeable licence authorising the driving of vehicles of that or a corresponding class.”.

(3) After paragraph (1) there shall be inserted—

“(1A) An applicant meets the relevant residence requirement referred to in paragraph (1) if on the date the application for the licence is made—

(a) in a case where he satisfies the Department in respect of paragraph (1)(ea), he is normally resident in the United Kingdom or has been attending a course of study in the United Kingdom during the period of six months ending on that date;

(b) in a case where he satisfies the Department in respect of paragraph (1)(f), he is normally resident in Northern Ireland but has not been so resident for more than the prescribed period; and

(c) in any other case, he is normally resident in Northern Ireland.”.

(4) In paragraph (2)—

(a) for sub-paragraph (a) there shall be substituted—

“(a) a licence which has been revoked under Article 15(5) or under any corresponding provision of—

(i) the law of Great Britain,

(ii) the relevant external law, or

(iii) the law of an EEA State other than the United Kingdom,

as a licence granted in error shall be disregarded for the purposes of sub-paragraph (b), (d) or (ea) (as the case may be) of that paragraph;”, and

(b) sub-paragraph (b) shall be omitted.

(5) In paragraph (4), after sub-paragraph (a) there shall be inserted—

“(aa) for requiring a person submitting himself for a test to have been normally resident in Northern Ireland or the United Kingdom for such period ending on the date of his appointment for the test as may be prescribed,”.

(6) In paragraph (8), in sub-paragraph (a), after “group” there shall be inserted “(except where regulations otherwise provide),”.

(7) In paragraph (9), the words “member State” shall be omitted.

(8) In paragraph (10), in sub-paragraph (a), after “if” there shall be inserted “(except where regulations otherwise provide)”.

(9) In paragraph (11)—

(a) after “British Forces licence” there shall be inserted “, a Community licence”,

(b) after “(d)” there shall be inserted “, (ea)”, and

(c) at the beginning of sub-paragraph (a) there shall be inserted “(except where regulations otherwise provide)”.

(10) Paragraph (12) shall be omitted.

(1)

Articles 4 to 19E were substituted by Schedule 1 to S.I. 1991/197 (N.I. 3); relevant amendments are made by Article 7 of S.I. 1991/197 (N.I. 3) and Article 92 of S.I. 1995/2994 (N.I. 18)