25(1)Section 2 (surrender of licences) is amended as follows.
(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 (c), (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—
if it was given by a constable or an authorised person, the fixed penalty clerk, and
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—
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
where it was issued under subsection (1A) or (3B) of that section, the Secretary of State.”