Road Traffic Act 1988

104 Conduct of proceedings in certain courts by or against the Secretary of State.E+W+S

(1)Any proceedings by or against the Secretary of State in a magistrates’ court or [F1the] county court under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may [F2, except in the county court if rules of court provide otherwise,] be conducted on behalf of the Secretary of State by a person authorised by him for the purposes of this subsection.

(2)Any proceedings in any court in Scotland, other than the High Court of Justiciary or the Court of Session, against the Secretary of State under this Part of this Act or Part II of the M1Road Traffic Offenders Act 1988 may be conducted on behalf of the Secretary of State by any person authorised by him for the purposes of this subsection.

Textual Amendments

F1Word in s. 104(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 126(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2Words in s. 104(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 126(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal Citations