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Vehicle and Driving Licences Act 1969

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This is the original version (as it was originally enacted).

25Institution and conduct of proceedings in England and Wales

(1)Subject to the provisions of this section, proceedings for any offence under the Act of 1962 may be instituted in England and Wales by a local authority.

(2)Subject to the provisions of this section, summary proceedings for an offence under section 7, 10(4), 12(9) or 17(1) or (2) of the Act of 1962 or section 12(2) of this Act or regulations made in pursuance of that Act or in pursuance of section 6, 19 or 20 of this Act may be instituted in England and Wales by the Minister, a local authority or a constable (in this section severally referred to as " the authorised prosecutor ") at any time within six months from the date on which evidence sufficient in the opinion of the authorised prosecutor to warrant the proceedings came to his knowledge; but no proceedings for any offence shall be instituted by virtue of this subsection more than three years after the commission of the offence.

(3)No proceedings for an offence under section 7, 10(4) or 12(9) of the Act of 1962 shall be instituted in England and Wales except by the authorised prosecutor; and no proceedings for such an offence shall be so instituted by a constable except with the approval of the Minister or a local authority.

(4)A certificate stating—

(a)the date on which such evidence as is mentioned in subsection (2) of this section came to the knowledge of the authorised prosecutor ; or

(b)that the Minister's or a local authority's approval is given for the institution by a constable of any proceedings specified in the certificate,

and signed by or on behalf of the authorised prosecutor or, as the case may be, the Minister or the local authority shall for the purposes of this section be conclusive evidence of the date or approval in question ; and a certificate purporting to be given in pursuance of this subsection and to be signed as aforesaid shall be deemed to be so signed unless the contrary is proved.

(5)No proceedings for an offence shall be instituted or approved by virtue of the foregoing provisions of this section by the Minister before the transfer date or by a local authority on or after that date.

(6)In a magistrates' court or before the registrar of a county court any proceedings by or against the Minister under this Act, the Act of 1962 or Part II of the Act of 1960 may be conducted on behalf of the Minister by a person authorised by him for the purposes of this subsection.

(7)Section 19(1) of the Act of 1962 (which relates to the institution of proceedings in England and Wales) shall cease to have effect.

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