- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: Explanatory Memorandum to Road Traffic (Northern Ireland) Order 2007 No. 916
56. In Article 4 (surrender of licences)—
(a)for paragraph (2) substitute—
“(2) Where this paragraph applies, the court must, together with the notice of the order referred to in paragraph (1)(d) required to be sent to the Department under Article 49A of the Offenders Order, send the person’s licence on its production to the court.”;
(b)in paragraph (3)—
(i)in sub-paragraph (a) for “and its counterpart have” substitute “has”;
(ii)in sub-paragraph (c)—
(A)omit “appropriate person endorses the number of”; and
(B)for “on the counterpart of the licence” substitute “are to be endorsed on the person’s driving record”; and
(iii)in sub-paragraph (f)—
(A)before “endorsed” insert “to be”; and
(B)for “counterpart of the licence” substitute “person’s driving record”;
(c)in paragraph (4)—
(i)in sub-paragraph (a)—
(A)omit “and its counterpart”; and
(B)for “63(3) or (4) or 82(1)” substitute “63A(3) or (4) or 82A(2)”; and
(ii)in sub-paragraph (b) insert at the end “together with the notice he is required to send under Article 63A or 82A of the particulars to be endorsed on the person’s driving record”.
57. In Article 5 (revocation of licences) for paragraph (1) substitute—
“(1) Where the Department receives—
(a)a notice sent to it under Article 49A, 63A or 82A of the Offenders Order of particulars required to be endorsed on a person’s driving record, and
(b)a person’s licence sent to it in accordance with Article 4(2) or (4)(b),
the Department must by notice served on that person revoke the licence.”.
58. In Article 12(2) (service of documents etc.) omit “and its counterpart” in both places.
59. In Schedule 1 (newly qualified drivers holding test certificates)—
(a)in paragraph 3—
(i)in sub-paragraph (2) omit “and its counterpart”; and
(ii)in sub-paragraph (4)(a) omit “(with its counterpart)”;
(b)in paragraph 4—
(i)for sub-paragraph (2) substitute—
“(2) The court shall send to the Department, on its production to the court, the person’s test certificate, together with the notice of the order referred to in Article 4(1)(d)”; and
(ii)in sub-paragraph (4) for the words following “Department” substitute “the person’s test certificate together with the notice he is required to send under Article 63A or 82A of the particulars to be endorsed on the person’s driving record.”;
(c)in paragraph 5(1)—
(i)for “paragraph 4 of” substitute “Article 49A, 63A or 82A of the Offenders Order of”;
(ii)for “or endorsed on the counterpart of a person’s licence” substitute “on a person’s driving record”; and
(iii)for “(4)(b)” substitute “(4)”;
(d)in paragraph 7—
(i)for sub-paragraph (2) substitute—
“(2) The court shall, together with the notice of the order referred to in Article 4(1)(d), send to the Department—
(a)on its production to the court, the person’s licence, and
(b)on its production to the court, the person’s test certificate.”; and
(ii)in sub-paragraph (4)—
(A)in paragraph (a), omit “and its counterpart”;
(B)in that paragraph, for “63(3) or (4) or 82(1)” substitute “63A(3) or (4) or 82A(2)”; and
(C)in paragraph (b), for “them” substitute “it” and insert at the end “together with the notice he is required to send under Article 63A or 82A of the Offenders Order of the particulars to be endorsed on the person’s driving record.”;
(e)in paragraph 8(1)(a)—
(i)for “paragraph 7(2)(a)” substitute “Article 49A, 63A or 82A of the Offenders Order”;
(ii)for “the counterpart of a person’s licence” substitute “a person’s driving record”;
(iii)omit “and its counterpart”; and
(iv)for “7(2)(b)” substitute “7(2)(a)”.
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