Part II Sentence

General

C147 Supplementary provisions as to disqualifications and endorsements.

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.

C2C5F52

Where a court orders the endorsement of a person's driving record it may, and where a court orders a person to be disqualified for a period of 56 days or more F11 (disregarding any extension period) it must, send any licence of the person that is produced to the court, to the Secretary of State.

F102ZA

In subsection (2) “extension period” means an extension period added pursuant to—

a

section 35A or 35C,

b

section 248D of the Criminal Procedure (Scotland) Act 1995, or

c

section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.

F12A

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 F6... to the Secretary of State).

3

Where on an appeal against F2an order for the endorsement of F7...F4 a driving record 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.

F33A

On receiving such a notice F8... the Secretary of State must make any necessary adjustments to the endorsements on the person's driving record to reflect the outcome of the appeal.

C3C44

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 F9... so sent in pursuance of this section must be sent to such address as the Secretary of State may determine.