C1Part 3Road traffic
Chapter 1F15Mutual recognition of driving disqualification in UK and Republic of Ireland
Pt. 3 Ch. 1 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(2), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
General
I270Duty of appropriate Minister to inform competent authority
1
2
If the appropriate Minister gives a notice under section 57 to that person, he must give the competent authority particulars of the disqualification which arises by virtue of that section.
3
If the appropriate Minister does not give such a notice, he must give his reasons to the competent authority.
I671Notices
1
A notice authorised or required under this Chapter to be given by the appropriate Minister to an individual, or a Community licence required to be returned to its holder by section 65, may be given or returned to him by—
a
delivering it to him,
b
leaving it at his proper address, or
c
sending it to him by post.
2
For the purposes of—
a
subsection (1), and
b
section 7 of the Interpretation Act 1978 (c. 30) in its application to that subsection,
the proper address of any individual is his latest address as known to the appropriate Minister.
71AF3The specified agreement on driving disqualifications
1
In this Chapter, “the specified agreement on driving disqualifications” means the agreement specified from time to time by the Secretary of State by regulations for the purposes of this Chapter.
2
The Secretary of State may only specify an agreement made—
a
between the United Kingdom and the Republic of Ireland, and
b
for the purpose of giving effect in one of those States to disqualification from driving imposed in the other on conviction for an offence.
3
In this section, “disqualification from driving” means disqualification from holding or obtaining a licence to drive a motor vehicle.
I572Regulations: Great Britain
1
Any power to make regulations conferred by this Chapter on the Secretary of State is exercisable by statutory instrument.
2
A statutory instrument containing any such regulations is subject to annulment in pursuance of a resolution of either House of ParliamentF7, subject to subsection (2A).
F42A
A statutory instrument containing regulations under section 54(6), 56(10) or 71A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
3
The regulations may make different provision for different purposes.
I173Regulations: Northern Ireland
1
Any power to make regulations conferred by this Chapter on the Department is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/ 1573 (N.I. 12)).
2
Any such regulations are subject to negative resolution (within the meaning of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))F1, subject to subsection (2A).
F102A
Regulations made under section 54(7) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
3
The regulations may make different provision for different purposes.
I374Interpretation
1
In this Chapter—
“appropriate Minister” means—
- a
in relation to Great Britain, the Secretary of State,
- b
in relation to Northern Ireland, the Department,
- a
F16“central authority” means an authority designated by the Republic of Ireland as a central authority for the purposes of the specified agreement on driving disqualifications;
“Community licence”—
- a
in relation to Great Britain, has the same meaning as in Part 3 of the Road Traffic Act 1988 (c. 52),
- b
in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
- a
F11“competent authority” means an authority which is a competent authority in relation to the Republic of Ireland for the purposes of the specified agreement on driving disqualifications;
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“counterpart”—
- a
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- b
in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
- a
“the Department” means the Department of the Environment,
“disqualified”, except in section 56, means—
- a
in relation to Great Britain, disqualified for holding or obtaining a Great Britain licence,
- b
in relation to Northern Ireland, disqualified for holding or obtaining a Northern Ireland licence,
andF14, except in section 71A, “disqualification” is to be interpreted accordingly,
- a
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Great Britain licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988,
“motor vehicle”—
- a
in relation to Great Britain, has the same meaning as in the Road Traffic Act 1988,
- b
in relation to Northern Ireland, has the same meaning as in the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/ 2994 (N.I.18)),
- a
“Northern Ireland licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981,
“prescribed” means prescribed by regulations made by the appropriate Minister.
F2“Republic of Ireland disqualification” means the disqualification mentioned in section 56;
F2“Republic of Ireland licence” means a licence to drive a motor vehicle granted under the law of the Republic of Ireland, including a learner permit.
2
In this Chapter a disqualification, or F8Republic of Ireland disqualification, for life is to be treated as being for a period of not less than six months.
F53
For the purposes of this Chapter, an individual is normally resident in, or in a part of, the United Kingdom, in Great Britain, in Northern Ireland or in the Republic of Ireland if his or her normal residence, as defined in Article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20th December 2006 on driving licences, is there.
I475Application to Crown
This Chapter applies to vehicles and persons in the public service of the Crown.
Pt. 3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))