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SCHEDULES

Section 91

SCHEDULE 5E+W+S+N.I.Minor and consequential amendments

The Internationally Protected Persons Act 1978 (c. 17)E+W+S+N.I.

1The Internationally Protected Persons Act 1978 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I1Sch. 5 para. 1 in force at 26.4.2004 by S.I. 2004/786, art. 3

2In section 2 (supplementary provisions), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.E+W+S+N.I.

Annotations:

Commencement Information

I2Sch. 5 para. 2 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Suppression of Terrorism Act 1978 (c. 26)E+W+S+N.I.

3The Suppression of Terrorism Act 1978 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I3Sch. 5 para. 3 in force at 26.4.2004 by S.I. 2004/786, art. 3

4In section 4 (jurisdiction in respect of offences committed outside United Kingdom), in subsections (4) and (5), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.E+W+S+N.I.

Annotations:

Commencement Information

I4Sch. 5 para. 4 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I. 1))E+W+S+N.I.

5The Road Traffic (Northern Ireland) Order 1981 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I5Sch. 5 para. 5 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(c)

6In Article 4 (exceptions to offence under Article 3), in paragraph (3)(a), after “Road Traffic Orders” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.E+W+S+N.I.

Annotations:

Commencement Information

I6Sch. 5 para. 6 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(c)

The Nuclear Material (Offences) Act 1983 (c. 18)E+W+S+N.I.

7The Nuclear Material (Offences) Act 1983 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I7Sch. 5 para. 7 in force at 26.4.2004 by S.I. 2004/786, art. 3

8In section 3 (supplemental), in subsections (1) and (2), for “and the United Nations Personnel Act 1997” there is substituted “ , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ”.E+W+S+N.I.

Annotations:

Commencement Information

I8Sch. 5 para. 8 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Child Abduction Act 1984 (c. 37)E+W+S+N.I.

9The Child Abduction Act 1984 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I9Sch. 5 para. 9 in force at 26.4.2004 by S.I. 2004/786, art. 3

10In section 11 (consequential amendments and repeals), in subsection (3), after “the Internationally Protected Persons Act 1978” there is inserted “ and sections 63B(2) and 63C(2) of the Terrorism Act 2000 ”.E+W+S+N.I.

Annotations:

Commencement Information

I10Sch. 5 para. 10 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Justice Act 1987 (c. 38)E+W+S+N.I.

11The Criminal Justice Act 1987 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I11Sch. 5 para. 11 in force at 26.4.2004 by S.I. 2004/786, art. 3

12In section 2 (investigation powers of Director of Serious Fraud Office)—E+W+S+N.I.

(a)in subsection (1A), for paragraph (b) there is substituted—

(b)the Secretary of State acting under section 15(2) of the Crime (International Co-operation) Act 2003, in response to a request received by him from a person mentioned in section 13(2) of that Act (an “overseas authority”).,

(b)in subsection (8A), for the words from “furnished” to the end there is substituted “ given to the overseas authority which requested it or given to the Secretary of State for forwarding to that overseas authority) ”,

(c)subsection (8B) is omitted,

(d)in subsection (8C), for “transmitted” (in both places) there is substituted “ forwarded ”,

(e)in subsection (18), “(8B)” is omitted.

Annotations:

Commencement Information

I12Sch. 5 para. 12 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Justice Act 1988 (c. 33)E+W+S+N.I.

13The Criminal Justice Act 1988 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I13Sch. 5 para. 13 in force at 26.4.2004 by S.I. 2004/786, art. 3

14In section 24 (business etc. documents), in subsection (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.E+W+S+N.I.

Annotations:

Commencement Information

I14Sch. 5 para. 14 in force at 26.4.2004 by S.I. 2004/786, art. 3

15In section 26 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.E+W+S+N.I.

Annotations:

Commencement Information

I15Sch. 5 para. 15 in force at 26.4.2004 by S.I. 2004/786, art. 3

16In paragraph 6 of Schedule 13 (evidence before courts-martial etc.)—E+W+S+N.I.

(a)in sub-paragraph (1)—

(i)for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”, and

(ii)for “letters of request or corresponding documents” there is substituted “ requests for assistance in obtaining outside the United Kingdom evidence ”, and

(b)in sub-paragraph (4), for “letters of request or corresponding documents” there is substituted “ requests for assistance in obtaining evidence ”.

Annotations:

Commencement Information

I16Sch. 5 para. 16 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Road Traffic Act 1988 (c. 52)E+W+S+N.I.

17The Road Traffic Act 1988 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I17Sch. 5 para. 17 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

18In section 88 (exceptions to offence under section 87)—E+W+S+N.I.

(a)in subsection (1A)(b)(ii), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”,

(b)in subsection (1B)(a), after “Road Traffic Acts” there is inserted “ or Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ”.

Annotations:

Commencement Information

I18Sch. 5 para. 18(a) in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

I19Sch. 5 para. 18(b) in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(c)

19In section 92 (requirements as to physical fitness of drivers), in subsection (7D), after “99D” there is inserted “ or 109C ”.E+W+S+N.I.

Annotations:

Commencement Information

I20Sch. 5 para. 19 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

20In section 94A (driving after refusal or revocation of licence), in subsection (1)—E+W+S+N.I.

(a)in paragraph (a)(ii), for “section 93(1) or (2)” there is substituted “ section 93 ”,

(b)in paragraph (a)(iii)—

(i)after “section 99C(1) or (2)” there is inserted “ or 109B ”,

(ii)after “Community licence” there is inserted “ or Northern Ireland licence ”,

(c)in paragraph (b)(ii), at the end there is inserted “ or Northern Ireland licence ”.

Annotations:

Commencement Information

I21Sch. 5 para. 20 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

21In section 97 (grant of licences), in subsection (1)(d), for “section 4(1) of or paragraph 6(1) or 9(1)” there is substituted “ section 4 of or paragraph 6 or 9 ”.E+W+S+N.I.

Annotations:

Commencement Information

I22Sch. 5 para. 21 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

22In section 100 (appeals relating to licences), in subsection (1)—E+W+S+N.I.

(a)in paragraph (c), after “99(3)” there is inserted “ or (3A) ”,

(b)for “or 99C” there is substituted “ , 99C or 109B ”.

Annotations:

Commencement Information

I23Sch. 5 para. 22 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

23In section 105 (regulations)—E+W+S+N.I.

(a)in subsection (2)—

(i)in paragraph (a), after “this Act,” there is inserted “ Northern Ireland licences, ”,

F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)in paragraph (f), before “Community licences” there is inserted “ Northern Ireland licences or ”,

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1Sch. 5 para. 23(a)(ii)(iii)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I24Sch. 5 para. 23 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

24In section 107 (service of notices), for “99B or 99E” there is substituted “ 99B, 99E or 109A ”.E+W+S+N.I.

Annotations:

Commencement Information

I25Sch. 5 para. 24 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

25In section 108 (interpretation), in subsection (1)—E+W+S+N.I.

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the definition of “Northern Ireland driving licence” and “Northern Ireland licence”, at the end there is inserted “ and “Northern Ireland counterpart” means the document issued with the Northern Ireland licence as a counterpart under the law of Northern Ireland ”.

Annotations:

Amendments (Textual)

F2Sch. 5 para. 25(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I26Sch. 5 para. 25 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

26In section 109 (provisions as to Northern Ireland drivers' licences)—E+W+S+N.I.

(a)in subsection (1), after “Great Britain,” there is inserted “ in accordance with that licence, ”,

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)subsections (3) to (5) are omitted.

Annotations:

Amendments (Textual)

F3Sch. 5 para. 26(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I27Sch. 5 para. 26 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

27In section 164 (power of constables to require production of driving licence etc.)—E+W+S+N.I.

(a)in subsection (3)—

(i)in paragraph (a), before “the Secretary of State” there is inserted “ a person is required to deliver his licence and its counterpart to the Secretary of State under section 63 of the Crime (International Co-operation) Act 2003 or ”,

(ii)in paragraph (a)(iii), after “99C” there is inserted “ , 109B ”,

(iii)in paragraph (b), after “99C” there is inserted “ , 109B ” and after “or 118” there is inserted “ or section 63 of the Crime (International Co-operation) Act 2003 ”,

(b)in subsection (11)—

(i)in the definition of “licence”, after “this Act” there is inserted “ , a Northern Ireland licence ”,

(ii)after “ “counterpart”,” there is inserted “ “Northern Ireland licence”, ”.

Annotations:

Commencement Information

I28Sch. 5 para. 27(a)(i) in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(c)

I29Sch. 5 para. 27(a)(ii) in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

I30Sch. 5 para. 27(a)(iii) in force at 11.10.2004 for specified purposes by S.I. 2004/2624, art. 2(1)(2)(b)

I31Sch. 5 para. 27(a)(iii) in force at 28.1.2010 in so far as not already in force by S.I. 2008/3009, art. 2(1)(2)(c)

I32Sch. 5 para. 27(b) in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

F428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

F4Sch. 5 para. 28 repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

F529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

F630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

31In section 193A (tramcars and trolley vehicles), in subsection (2)(b), for “91A,” there is substituted “ 91ZA to ”.E+W+S+N.I.

Annotations:

Commencement Information

I33Sch. 5 para. 31 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

The Road Traffic Offenders Act 1988 (c. 53)E+W+S+N.I.

32The Road Traffic Offenders Act 1988 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I34Sch. 5 para. 32 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

33In section 3 (restriction on institution of proceedings for certain offences), in subsection (2A), after “99D” there is inserted “ or 109C ”.E+W+S+N.I.

Annotations:

Commencement Information

I35Sch. 5 para. 33 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

34In section 26 (interim disqualification), in subsection (10), for the words from “and 91A(5)” to “licences)” there is substituted “ , 91ZA(7) and 91A(5) of this Act ”.E+W+S+N.I.

Annotations:

Commencement Information

I36Sch. 5 para. 34 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

35In section 98 (general interpretation), in subsection (1)—E+W+S+N.I.

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for “and “EEA State”” there is substituted “ , “EEA State” and “Northern Ireland licence” ”.

Annotations:

Amendments (Textual)

F7Sch. 5 para. 35(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I37Sch. 5 para. 35 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

36In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) of the Act apply)—E+W+S+N.I.

(a)in the entry for section 94(3) of the Road Traffic Act 1988, in column 1, at the end there is inserted “ or 109C ”,

(b)in the entry for section 94(3A) of that Act, in column 1, at the end there is inserted “ or 109C(c) ”,

(c)in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I38Sch. 5 para. 36 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

37In Schedule 2 (prosecution and punishment of offences)—E+W+S+N.I.

(a)in the entry for section 94(3) of the Road Traffic Act 1988, in column 2, at the end there is inserted “ or 109C ”,

(b)in the entry for section 94(3A) of that Act, in column 2, at the end there is inserted “ or 109C(c) ”,

(c)in the entry for section 94A of that Act, in column 2, at the end there is inserted “ or 109B ”,

F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the entry for section 109 of that Act is omitted,

(f)before the entry for section 114 of that Act there is inserted—

RTA section 109B(4)Failure to deliver Northern Ireland licence to Secretary of State when required by notice under section 109B.Summarily.Level 3 on the standard scale.
Annotations:

Amendments (Textual)

Commencement Information

I39Sch. 5 para. 37 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))E+W+S+N.I.

38The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I40Sch. 5 para. 38 in force at 26.4.2004 by S.I. 2004/786, art. 3

39In Article 4 (business etc. documents), in paragraph (4), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.E+W+S+N.I.

Annotations:

Commencement Information

I41Sch. 5 para. 39 in force at 26.4.2004 by S.I. 2004/786, art. 3

40In Article 6 (statements in documents that appear to have been prepared for the purposes of criminal proceedings or investigations), for “section 3 of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 7 of the Crime (International Co-operation) Act 2003 ”.E+W+S+N.I.

Annotations:

Commencement Information

I42Sch. 5 para. 40 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Justice (International Co-operation) Act 1990 (c. 5)E+W+S+N.I.

41The Criminal Justice (International Co-operation) Act 1990 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I43Sch. 5 para. 41 in force at 26.4.2004 by S.I. 2004/786, art. 3

42Sections 1 to 4, 7, 8 and 11 (mutual service of process and provision of evidence) are omitted.E+W+S+N.I.

Annotations:

Commencement Information

I44Sch. 5 para. 42 in force at 26.4.2004 by S.I. 2004/786, art. 3

43In section 5 (transfer of UK prisoner to give evidence or assist investigation overseas), after subsection (3) there is inserted—E+W+S+N.I.

(3A)A warrant under this section has effect in spite of section 127(1) of the Army Act 1955, section 127(1) of the Air Force Act 1955 or section 82A(1) of the Naval Discipline Act 1957 (restriction on removing persons out of the United Kingdom who are serving military sentences).

Annotations:

Commencement Information

I45Sch. 5 para. 43 in force at 26.4.2004 by S.I. 2004/786, art. 3

44Schedule 1 (proceedings of nominated court) is omitted.E+W+S+N.I.

Annotations:

Commencement Information

I46Sch. 5 para. 44 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Road Traffic (New Drivers) Act 1995 (c. 13)E+W+S+N.I.

45The Road Traffic (New Drivers) Act 1995 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I47Sch. 5 para. 45 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

46In section 2 (surrender of licences), at the end there is inserted—E+W+S+N.I.

(6)In this section and section 3 “licence” includes a Northern Ireland licence.

Annotations:

Commencement Information

I48Sch. 5 para. 46 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

47In section 3 (revocation of licences)—E+W+S+N.I.

(a)after subsection (1) there is inserted—

(1A)Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under subsection (1), the Secretary of State must send to the licensing authority in Northern Ireland—

(a)particulars of the notice; and

(b)the Northern Ireland licence.

(1B)Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to subsection (1), he must by notice served on the holder revoke the licence.,

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)at the end, there is inserted—

(3)In this section references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

Annotations:

Amendments (Textual)

F10Sch. 5 para. 47(b) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(2); S.I. 2008/3164, art. 3(d)

Commencement Information

I49Sch. 5 para. 47 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

48In section 4 (re-testing)—E+W+S+N.I.

(a)in subsection (1)—

(i)for “section 3(1)” there is substituted “ section 3 ”,

(ii)after “full licence” (in the second place it occurs) there is inserted “ or (as the case may be) full Northern Ireland licence ”,

(b)after subsection (1) there is inserted—

(1A)Subject to subsection (5), the Secretary of State may not under that Part grant a person whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) a full licence to drive any class of vehicles in relation to which the revoked licence was issued as a full Northern Ireland licence unless he satisfies the Secretary of State as mentioned in subsection (1).,

(c)in subsections (2) and (3), at the end there is inserted “ or (as the case may be) full Northern Ireland licence ”,

(d)in subsection (5)—

(i)for “Subsection (1) does” there is substituted “ Subsections (1) and (1A) do ”, and

(ii)for “section 3(1)” there is substituted “ section 3 or whose Northern Ireland licence has been revoked under a provision of Northern Ireland law corresponding to section 3(1) ”.

Annotations:

Commencement Information

I50Sch. 5 para. 48 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

49In section 5 (restoration of licence without re-testing in certain cases)—E+W+S+N.I.

(a)in subsections (1), (4) and (6), for “section 3(1)” there is substituted “ section 3 ”,

(b)in subsections (3)(a) and (4)(c), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”,

(c)at the end there is inserted—

(11)Nothing in this section applies in relation to a person whose Northern Ireland licence has been revoked under section 3(1).

Annotations:

Commencement Information

I51Sch. 5 para. 49 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

50In section 7 (early termination of probationary period)—E+W+S+N.I.

(a)in paragraph (b), for “section 3(1)” there is substituted “ section 3 ”,

(b)in paragraph (c)—

(i)for “paragraph 5(1)” there is substituted “ paragraph 5 ”,

(ii)for “paragraph 8(1)” there is substituted “ paragraph 8 ”.

Annotations:

Commencement Information

I52Sch. 5 para. 50 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

51In section 9 (interpretation), after subsection (2) there is inserted—E+W+S+N.I.

(2A)In this Act—

full Northern Ireland licence” means a Northern Ireland licence other than a Northern Ireland provisional licence,

Northern Ireland provisional licence” means a Northern Ireland licence which corresponds to a provisional licence.

Annotations:

Commencement Information

I53Sch. 5 para. 51 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

52Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I54Sch. 5 para. 52 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

53In paragraph 1, at the end there is inserted—E+W+S+N.I.

(3)In this Schedule “licence” includes a Northern Ireland licence, “full licence” includes a full Northern Ireland licence and “provisional licence” includes a Northern Ireland provisional licence.

(4)In relation to the holder of a Northern Ireland licence, the following sub-paragraphs have effect for the purposes of this Schedule.

(5)References to a test certificate are references to a certificate or other document (in this Schedule referred to as a “Northern Ireland test certificate”) which is evidence that he has not more than two years previously passed a Northern Ireland test of competence to drive corresponding to the test mentioned in sub-paragraph (1).

(6)References to prescribed conditions are references to conditions subject to which the Northern Ireland provisional licence was granted.

Annotations:

Commencement Information

I55Sch. 5 para. 53 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

54In paragraph 2, after sub-paragraph (4) there is inserted—E+W+S+N.I.

(4A)In relation to the holder of a Northern Ireland licence, the reference in sub-paragraph (4)(b) to section 98(2) of the Road Traffic Act 1988 is a reference to the corresponding provision under the law of Northern Ireland.

Annotations:

Commencement Information

I56Sch. 5 para. 54 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

55In paragraph 5—E+W+S+N.I.

(a)after sub-paragraph (1) there is inserted—

(1A)Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland test certificate.

(1B)Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his test certificate.,

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)at the end there is inserted—

(4)In this paragraph and paragraph 8 references to the revocation of a person’s Northern Ireland test certificate are references to its revocation as respects Great Britain.

(5)The effect of the revocation of a person’s Northern Ireland test certificate as respects Great Britain is that any prescribed conditions to which his Northern Ireland provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of section 109(1) of the Road Traffic Act 1988.

Annotations:

Amendments (Textual)

F11Sch. 5 para. 55(b) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(2); S.I. 2008/3164, art. 3(d)

Commencement Information

I57Sch. 5 para. 55 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

56In paragraph 6, in sub-paragraph (1), for “paragraph 5(1)” there is substituted “ paragraph 5, or whose Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1), ”.E+W+S+N.I.

Annotations:

Commencement Information

I58Sch. 5 para. 56 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

57In paragraph 8—E+W+S+N.I.

(a)after sub-paragraph (1) there is inserted—

(1A)Where the Secretary of State serves on the holder of a Northern Ireland licence a notice under sub-paragraph (1), the Secretary of State must send to the licensing authority in Northern Ireland particulars of the notice together with the Northern Ireland licence and the Northern Ireland test certificate.

(1B)Where the Secretary of State is sent by that licensing authority particulars of a notice served on the holder of a licence under a provision of Northern Ireland law corresponding to sub-paragraph (1), he must by notice served on that person revoke his licence and test certificate.,

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)at the end there is inserted—

(3)In this paragraph references to the revocation of a person’s Northern Ireland licence are references to its revocation as respects Great Britain; and, accordingly, the person ceases to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.

Annotations:

Amendments (Textual)

F12Sch. 5 para. 57(b) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(2); S.I. 2008/3164, art. 3(d)

Commencement Information

I59Sch. 5 para. 57 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

58In paragraph 9—E+W+S+N.I.

(a)in sub-paragraph (1), for “paragraph 8(1)” there is substituted “ paragraph 8, or whose Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1), ”,

(b)in sub-paragraph (4)(b)(i), after “1988” there is inserted “ , or under a provision of Northern Ireland law corresponding to that section, ”.

Annotations:

Commencement Information

I60Sch. 5 para. 58 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

59In paragraph 10(a)—E+W+S+N.I.

(a)for “paragraph 5(1)” there is substituted “ paragraph 5 (or a person’s Northern Ireland test certificate has been revoked under a provision of Northern Ireland law corresponding to paragraph 5(1)) ”,

(b)for “paragraph 8(1)” there is substituted “ paragraph 8 (or a person’s Northern Ireland licence and Northern Ireland test certificate have been revoked under a provision of Northern Ireland law corresponding to paragraph 8(1)) ”.

Annotations:

Commencement Information

I61Sch. 5 para. 59 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

60In paragraph 11—E+W+S+N.I.

(a)in sub-paragraphs (1) and (2)(c), for “paragraph 5(1)” and “paragraph 8(1)” there is substituted “ paragraph 5 ” and “ paragraph 8 ” respectively,

(b)in sub-paragraph (1)(d), after “section 2” there is inserted “ or (as the case may be) the provision of Northern Ireland law corresponding to that section ”.

Annotations:

Commencement Information

I62Sch. 5 para. 60 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)E+W+S+N.I.

61The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I63Sch. 5 para. 61 in force at 26.4.2004 by S.I. 2004/786, art. 3

62In section 27 (Lord Advocate’s direction), in subsection (2), for “section 4(2B) of the Criminal Justice (International Co-operation) Act 1990” there is substituted “ section 15(4) of the Crime (International Co-operation) Act 2003 ”.E+W+S+N.I.

Annotations:

Commencement Information

I64Sch. 5 para. 62 in force at 26.4.2004 by S.I. 2004/786, art. 3

63In section 28 (powers of investigation)—E+W+S+N.I.

(a)in subsection (8), for the words from “by the” to the end there is substituted “ by virtue of section 27(2) of this Act shall be given to the overseas authority which requested it or to the Lord Advocate for forwarding to that authority ”,

(b)subsection (9) is omitted,

(c)in subsection (10), for “transmitted” (in both places) there is substituted “ forwarded ”.

Annotations:

Commencement Information

I65Sch. 5 para. 63 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Criminal Procedure (Scotland) Act 1995 (c. 46)E+W+S+N.I.

64The Criminal Procedure (Scotland) Act 1995 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I66Sch. 5 para. 64 in force at 26.4.2004 by S.I. 2004/786, art. 3

65In section 210(1)(c) (consideration, in passing sentence of imprisonment or detention, of time spent in custody), at the end there is inserted “ so however that a period of time spent both in custody on remand and, by virtue of section 47(1) of the Crime (International Co-operation) Act 2003, abroad is not for any reason to be discounted in a determination under paragraph (a) above or specification under paragraph (b) above ”.E+W+S+N.I.

Annotations:

Commencement Information

I67Sch. 5 para. 65 in force at 26.4.2004 by S.I. 2004/786, art. 3

The United Nations Personnel Act 1997 (c. 13)E+W+S+N.I.

66The United Nations Personnel Act 1997 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I68Sch. 5 para. 66 in force at 26.4.2004 by S.I. 2004/786, art. 3

67In section 5 (supplementary provisions), in subsections (1) and (2), for “and the Nuclear Material (Offences) Act 1983” there is substituted “ , the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000 ”.E+W+S+N.I.

Annotations:

Commencement Information

I69Sch. 5 para. 67 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Data Protection Act 1998 (c. 29)E+W+S+N.I.

68The Data Protection Act 1998 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I70Sch. 5 para. 68 in force at 26.4.2004 by S.I. 2004/786, art. 3

69In section 28(1) (national security), for “section” there is substituted “sections 54A and” .E+W+S+N.I.

Annotations:

Commencement Information

I71Sch. 5 para. 69 in force at 26.4.2004 by S.I. 2004/786, art. 3

70In section 60(2) and (3) (prosecutions and penalties), before “paragraph 12” there is inserted “section 54A and” .E+W+S+N.I.

Annotations:

Commencement Information

I72Sch. 5 para. 70 in force at 26.4.2004 by S.I. 2004/786, art. 3

71In section 63(5) (application to the Crown), for “section” there is substituted “ sections 54A and ” .E+W+S+N.I.

Annotations:

Commencement Information

I73Sch. 5 para. 71 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W+S+N.I.

72The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I74Sch. 5 para. 72 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

73In section 146 (driving disqualification for any offence)—E+W+S+N.I.

(a)in subsection (4), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

(aa)in the case where he holds a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988), his Northern Ireland licence and its counterpart (if any); or,

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F13Sch. 5 para. 73(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 7(4); S.I. 2015/560, art. 3(b) (with arts. 4-9)

Commencement Information

I75Sch. 5 para. 73 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

74In section 147 (driving disqualification where vehicle used for purposes of crime), in subsection (5), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—E+W+S+N.I.

(aa)in the case where he holds a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988), his Northern Ireland licence and its counterpart (if any); or.

Annotations:

Commencement Information

I76Sch. 5 para. 74 in force at 11.10.2004 by S.I. 2004/2624, art. 2(1)(2)(b)

The Terrorism Act 2000 (c. 11)E+W+S+N.I.

75The Terrorism Act 2000 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I77Sch. 5 para. 75 in force at 26.4.2004 by S.I. 2004/786, art. 3

76In section 121 (interpretation), in the definition of “premises”, before “includes” (in the first place) there is inserted “ , except in section 63D, ”.E+W+S+N.I.

Annotations:

Commencement Information

I78Sch. 5 para. 76 in force at 26.4.2004 by S.I. 2004/786, art. 3

77In section 123 (orders and regulations), in subsection (2), after paragraph (b) there is inserted—E+W+S+N.I.

(ba)section 63C(3)(d);.

Annotations:

Commencement Information

I79Sch. 5 para. 77 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S+N.I.

78The Regulation of Investigatory Powers Act 2000 is amended as follows.E+W+S+N.I.

Annotations:

Commencement Information

I80Sch. 5 para. 78 in force at 26.4.2004 by S.I. 2004/786, art. 3

79In section 65 (investigatory powers tribunal)—E+W+S+N.I.

(a)in subsection (5)—

(i)after paragraph (c) there is inserted—

(ca)the carrying out of surveillance by a foreign police or customs officer (within the meaning of section 76A);,

(ii)in paragraph (d), at the beginning there is inserted “ other ”,

(b)after subsection (7), there is inserted—

(7A)For the purposes of this section conduct also takes place in challengeable circumstances if it takes place, or purports to take place, under section 76A.

Annotations:

Commencement Information

I81Sch. 5 para. 79 in force at 26.4.2004 by S.I. 2004/786, art. 3

80In section 78 (orders, regulations and rules), in subsection (3)(a), for “or 71(9)” there is substituted “ , 71(9) or 76A(9) ”.E+W+S+N.I.

Annotations:

Commencement Information

I82Sch. 5 para. 80 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Armed Forces Act 2001 (c. 19)E+W+S+N.I.

81In section 31 of the Armed Forces Act 2001 (power to make provision in consequence of enactments relating to criminal justice), in subsection (7)—E+W+S+N.I.

(a)after “section” there is inserted “ section 5 of the Criminal Justice (International Co-operation) Act 1990 and ”,

(b)for “is” there is substituted “ are ”.

Annotations:

Commencement Information

I83Sch. 5 para. 81 in force at 26.4.2004 by S.I. 2004/786, art. 3

The Proceeds of Crime Act 2002 (c. 29)E+W+S+N.I.

F1482. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

F1583. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)