Drink-driving etc.
16Experimental period for section 15
1
Subject as follows, no order shall be made under section 34D of the Road Traffic Offenders Act 1988 (c. 53) (inserted by section 15) after—
a
the end of 2010, or
b
such later time as may be specified in an order made by the Secretary of State.
2
But at any time before the restriction imposed by subsection (1) has taken effect, the Secretary of State may by order provide that it shall not do so.
3
In this section “the experimental period” means the period beginning when section 15 comes into force and ending—
a
when the restriction imposed by subsection (1) takes effect, or
b
if the Secretary of State makes an order under subsection (2), on a date specified in the order.
4
During the experimental period—
a
no order shall be made under section 34D by virtue of a person’s conviction under section 3A of the Road Traffic Act 1988 (c. 52), and
b
no order shall be made under section 34D except by a magistrates' court acting for a local justice area (or, in Scotland, a sheriff court for a district or a stipendiary magistrate for a commission area) which is for the time being designated for the purposes of this section.
5
In relation to orders made under section 34D during the experimental period, section 34E(5) shall have effect with the omission of the references to the relevant local court.
6
The power to designate an area or district for the purposes of this section is exercisable by the Secretary of State by order, and includes power to revoke a designation previously made.
7
An order under subsection (6) must specify the period for which an area or district is designated, and may—
a
specify different periods for different areas or districts, and
b
extend or shorten any period previously specified.
8
The power to make an order under subsection (1) is not exercisable after the end of 2010, and no more than one order may be made under that subsection.
9
Any power of the Secretary of State to make orders under this section is exercisable by statutory instrument, and—
a
no order is to be made under subsection (1) or (2) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament, and
b
any statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.