Road Safety Act 2006

16Experimental period for section 15E+W+S

This sectionnoteType=Explanatory Notes has no associated

(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.