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The Road Traffic (Amendment) (2016 Act) (Commencement No. 1) Order (Northern Ireland) 2016

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Statutory Rules of Northern Ireland

2016 No. 399 (C. 31)

Road Traffic And Vehicles

The Road Traffic (Amendment) (2016 Act) (Commencement No. 1) Order (Northern Ireland) 2016

Made

15th November 2016

The Department for Infrastructure(1) makes the following Order in exercise of the powers conferred by section 26(1) of the Road Traffic (Amendment) Act (Northern Ireland) 2016(2) and now vested in it(3).

Citation

1.  This Order may be cited as the Road Traffic (Amendment) (2016 Act) (Commencement No. 1) Order (Northern Ireland) 2016.

Appointed day

2.  The day appointed for the coming into operation of the provisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016, specified in the Schedule, shall be 25th November 2016.

Sealed with the Official Seal of the Department for Infrastructure on 15th November 2016

Legal seal

Elizabeth Loughran

A senior officer of the

Department for Infrastructure

Article 2

SCHEDULEProvisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016 coming into operation on 25th November 2016

Provisions of the ActSubject Matter
Section 3Breath testing at authorised check–points
Section 4Check-point breath tests: further provision
Section 21Extension of requirements as regards protective headgear

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 25th November 2016 the provisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016 specified in the Schedule.

Section 3 amends the Road Traffic (Northern Ireland) Order 1995 (the “Order of 1995”) by inserting Article 17CA. It provides Police with the power to establish a check-point and to require the person in charge of a vehicle to provide a breath test.

Section 4 contains a number of further amendments to the Order of 1995 to facilitate the new power to establish a check-point and require a breath test.

Section 21 extends the Department’s existing powers, to make regulations requiring the wearing of protective headgear on motorcycles, to other motor vehicles.

(1)

Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved

(3)

See Article 8(1)(b) of, and Part 2 of Schedule 5 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)

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