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Road Safety Act 2006

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Road Safety Act 2006, Cross Heading: Road Traffic (New Drivers) Act 1995 (c. 13) is up to date with all changes known to be in force on or before 05 December 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

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

24The Road Traffic (New Drivers) Act 1995 is amended as follows.E+W+S+N.I.

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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.

Commencement Information

I1Sch. 1 para. 24 in force at 31.3.2009 by S.I. 2008/3164, art. 3(b)

25(1)Section 2 (surrender of licences) is amended as follows.E+W+S+N.I.

(2)In subsection (3)—

(a)in paragraph (a)—

(i)after “1988” insert “ , retained by a vehicle examiner under that section ”, and

(ii)for “fixed penalty clerk in” substitute “ appropriate person in ”, and

(b)in paragraphs F1... (d) and (f), for “fixed penalty clerk” substitute “ appropriate person ”.

(3)In subsection (4)—

(a)omit “, the fixed penalty clerk”,

(b)in paragraph (a), insert at the beginning “ the appropriate person ”, and

(c)in paragraph (b), insert at the beginning “ unless the appropriate person is the Secretary of State, he ”.

(4)In subsection (5), omit “by the fixed penalty clerk”.

(5)After subsection (6) insert—

(7)In this section and section 3—

  • the appropriate person”, in relation to a fixed penalty notice, means—

    (a)

    if it was given by a constable or an authorised person, the fixed penalty clerk, and

    (b)

    if it was given by a vehicle examiner or the Secretary of State, the Secretary of State, and

  • the appropriate person”, in relation to a conditional offer, means—

    (a)

    where the conditional offer was issued under subsection (1), (2) or (3) of section 75 of the Road Traffic Offenders Act 1988, the fixed penalty clerk, and

    (b)

    where it was issued under subsection (1A) or (3B) of that section, the Secretary of State.

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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)

F1Word in Sch. 1 para. 25(2)(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

I2Sch. 1 para. 25 in force at 31.3.2009 by S.I. 2008/3164, art. 3(b)

26(1)Section 3 (revocation of licences) is amended as follows.E+W+S+N.I.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)After that subsection insert—

(1ZA)Where section 2(4)(a) applies but the appropriate person is the Secretary of State, the Secretary of State must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued, revoke that person's licence.

(4)In subsections (1A) and (1B), after “subsection (1)” insert “ or (1ZA) ”.

(5)In subsection (2), for “subsection (1) or (1B)” substitute “ this section ”.

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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)

Commencement Information

I3Sch. 1 para. 26 in force at 31.3.2009 by S.I. 2008/3164, art. 3(b)

27(1)Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.E+W+S+N.I.

(2)In paragraph 1, after sub-paragraph (2) insert—

(2A)In this Schedule “the appropriate person” has the same meaning as in sections 2 and 3 of this Act.

(3)In paragraph 3(4)—

(a)in paragraph (a), for “fixed penalty clerk”, in both places, substitute “ appropriate person ”,

(b)in paragraph (c), for “fixed penalty clerk” substitute “ appropriate person ”, and

(c)in the words following paragraph (c), for “fixed penalty clerk to whom the payment is made” substitute “ appropriate person ”.

(4)In paragraph 4(3)—

(a)in paragraph (b), for “fixed penalty clerk” substitute “ appropriate person ”, and

(b)for the words following paragraph (c) substitute “ section 2(4) does not apply but if the appropriate person is the fixed penalty clerk sub-paragraph (4) applies instead. ”

(5)In paragraph 5—

(a)after sub-paragraph (1) insert—

(1ZA)Where section 2(4) is disapplied by paragraph 4(3) and the appropriate person is the Secretary of State, the Secretary of State must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued revoke that person's test certificate.,

(b)in sub-paragraphs (1A) and (1B), after “sub-paragraph (1)” insert “ or (1ZA) ”, and

(c)in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “ this paragraph ”.

(6)In paragraph 6(1), after “paragraph 5(1)” insert “ or (1ZA) ”.

(7)In paragraph 7—

(a)in sub-paragraph (3)(b), for “fixed penalty clerk” substitute “ appropriate person ”, and

(b)in sub-paragraph (4)—

(i)for “fixed penalty clerk” substitute “ appropriate person ”, and

(ii)at the beginning of paragraph (b) insert “ unless the appropriate person is the Secretary of State, ”.

(8)In paragraph 8—

(a)after sub-paragraph (1) insert—

(1ZA)Where paragraph 7(4) applies and the appropriate person is the Secretary of State, the Secretary of State must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued revoke that person's licence and test certificate.,

(b)in sub-paragraphs (1A) and (1B), after “sub-paragraph (1)” insert “ or (1ZA) ”, and

(c)in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “ this paragraph ”.

(9)In paragraph 9, after “paragraph 8(1)” insert “ or (1ZA) ”.

(10)In paragraph 10(a), after—

(a)“paragraph 5(1)”, and

(b)“paragraph 8(1)”,

insert “ or (1ZA) ”.

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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.

Commencement Information

I4Sch. 1 para. 27 in force at 31.3.2009 by S.I. 2008/3164, art. 3(b)

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