Road Traffic Offenders Act 1988

47 Supplementary provisions as to disqualifications and endorsements. E+W+S

(1) In any case where a court exercises its power under section 34, 35 or 44 of this Act not to order any disqualification or endorsement or to order disqualification for a shorter period than would otherwise be required, it must state the grounds for doing so in open court and, if it is a magistrates’ court or, in Scotland, a court of summary jurisdiction, must cause them to be entered in the register (in Scotland, record) of its proceedings.

(2) Where a court orders the endorsement of [F1 the counterpart of] any licence held by a person it may [F2 , and where a court orders the holder of a licence to be disqualified for a period of 56 days or more it must,], send the [F3 licence and its counterpart, on their] being produced to the court, to the Secretary of State; and if the court orders the endorsement but does not send the licence [F1 and its counterpart] to the Secretary of State it must send him notice of the endorsement.

[F4 (2A) Subsection (2) above is subject to section 2(2) of and paragraph 7(2) of Schedule 1 to the Road Traffic (New Drivers) Act 1995 (obligation of court to send licence and its counterpart to the Secretary of State).]

(3) Where on an appeal against [F5 an order for the endorsement of a licence or the disqualification of a person] the appeal is allowed, the court by which the appeal is allowed must send notice of that fact to the Secretary of State.

(4) A notice sent by a court to the Secretary of State in pursuance of this section must be sent in such manner and to such address and contain such particulars as the Secretary of State may determine, and a licence [F6 and the counterpart of a licence] so sent in pursuance of this section must be sent to such address as the Secretary of State may determine.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 13(a)(i)(ii)(iii)

F2 Words in s. 47(2) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 100(2); S.I. 1992/1286, art. 2, Sch.

F3 Words substituted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 13(a)(i)(ii)(iii)

F4 S. 47(2A) inserted (1.6.1997) by 1995 c. 13, s. 10(4), Sch. 2 para. 4 (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)

F5 Words in s. 47(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 100(3); S.I. 1992/1286, art. 2, Sch.

F6 Words inserted by S.I. 1990/144, regs. 2(2), 3, Sch. 2 para. 13(b)

Modifications etc. (not altering text)

C1 S. 47: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2, Sch.).

S. 47 applied (with modifications) (12.11.1999) by S.I. 1999/2864, reg. 80(5)(d)

C2 S. 47(2) applied with modifications by S.I. 1987/1378, reg. 25(3) (as amended by S.I. 1990/842, reg. 9)

C3 S. 47(4) applied by Criminal Justice Act 1972 (c. 71, SIF 39:1), s. 24(3)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 10(b) )

C4 S. 47(4) applied by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 44(3)(b) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 11(c) )