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SCHEDULES

SCHEDULE 1E+W+S+N.I.Giving of fixed penalty notices by vehicle examiners etc.

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

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) ”.

Annotations:

Commencement Information

I1Sch. 1 para. 27 in force at 31.3.2009 by S.I. 2008/3164, art. 3(b)