Search Legislation

Coroners and Justice Act 2009

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Coroners and Justice Act 2009, Section 92. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

This section has no associated Explanatory Notes

92(1)The Road Traffic Offenders (Northern Ireland) Order 1996 is amended as follows.E+W+S+N.I.

(2)In Article 35(4) (disqualification for certain offences), in sub-paragraph (b) after “or more” insert “ (disregarding any extension period added pursuant to Article 40A or Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))) ”.

(3)In Article 36 (reduced disqualification period for attendance on courses)—

(a)in paragraph (1)(b), after “months” insert “ (disregarding any extension period added pursuant to Article 40A) ”,

(b)in paragraph (2), after “Article 35” insert “ (disregarding any extension period added pursuant to Article 40A) (“the unreduced period”) ”,

(c)in paragraph (3), after “Article 35”, in both places it occurs, insert “ (disregarding any extension period added pursuant to Article 40A) ”,

(d)after that paragraph insert—

(3A)The reduced period” is the period of disqualification imposed under Article 35 of this Order (disregarding any extension period added pursuant to Article 40A) as reduced by an order under this Article., and

(e)in paragraph (5), at the end insert “ but including any extension period added pursuant to Article 40A. ”

(4)In Article 37 (certificates of completion of courses)—

(a)in paragraph (1), for “period of disqualification imposed under Article 35” substitute “ total unreduced period of disqualification ”,

(b)in paragraph (2)—

(i)for “period of disqualification imposed under Article 35” substitute “ total unreduced period of disqualification ”,

(ii)for “end of the period as it would have been reduced by the order” substitute “ total reduced period of disqualification ”, and

(iii)for “reduced period” substitute “ the total reduced period of disqualification ”, and

(c)after that paragraph insert—

(2A)For the purposes of this Article—

  • the total reduced period of disqualification” means the period of disqualification imposed under Article 35 (including any extension period added to that period pursuant to Article 40A), as reduced by an order under Article 36;

  • the total unreduced period of disqualification” means the period of disqualification imposed under Article 35 (including any such extension period), disregarding any reduction by such an order.

(5)In Article 38A (as inserted by Article 60 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (reduced disqualification period: alcohol ignition interlock programme orders)—

(a)in paragraph (1)(d), after “Article” insert “ and disregarding any extension period added pursuant to Article 40A ”,

(b)in paragraph (3), after “specify” insert “ as the period of disqualification under Article 35 (disregarding any extension period added pursuant to Article 40A) ”,

(c)after paragraph (5) insert—

(5A)An appropriate extension period (within the meaning of Article 40A) is not to be added to the further order referred to in paragraph (5).,

(d)in paragraph (6)—

(i)in sub-paragraph (a), for “unreduced period” substitute “ total unreduced period of disqualification ”, and

(ii)in sub-paragraph (b), for “reduced period” substitute “ total reduced period of disqualification ”, and

(e)after that paragraph insert—

(6A)In paragraph (6)—

  • total reduced period of disqualification” means the period of disqualification imposed under Article 35 (including any extension period added to that period pursuant to Article 40A), as reduced by an order under this Article;

  • total unreduced period of disqualification” means the period of disqualification imposed under Article 35 (including any such extension period), disregarding any reduction by such an order.

(6)In Article 40(3) (disqualification for repeated offences), after “or more” insert “ (disregarding any extension period added pursuant to Article 40A or Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))) ”.

(7)In Article 42 (effect of order of disqualification)—

(a)in paragraph (2)(a), after “56 days” insert “ (disregarding any extension period) ”,

(b)in paragraph (2), after “period of disqualification” insert “ (including any extension period) ”, and

(c)after paragraph (2) insert—

(2A)In paragraph (2) “extension period” means an extension period added pursuant to—

(a)Article 40A,

(b)Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or

(c)Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).

(8)In Article 47 (removal of disqualification)—

(a)in paragraph (3)—

(i)for “the date of the order by which the disqualification was imposed” substitute “ the relevant date ”,

(ii)in sub-paragraph (a), after “4 years” insert “ (disregarding any extension period) ”, and

(iii)in sub-paragraph (b), for “period of disqualification, if it is” substitute “ period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period) ”,

(b)after paragraph (3) insert—

(3A)In paragraph (3) “the relevant date” means—

(a)the date of the order imposing the disqualification in question, or

(b)if the period of the disqualification is extended by an extension period, the date in sub-paragraph (a) postponed by a period equal to that extension period., and

(c)after paragraph (3A) (as inserted by paragraph (b)), insert—

(3B)Extension period” means an extension period added pursuant to—

(a)Article 40A,

(b)Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or

(c)Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).

(9)In Article 52 (supplementary provisions as to disqualification and endorsements)—

(a)in paragraph (2), after “or more” insert “ (disregarding any extension period) ”, and

(b)after paragraph (2), insert—

(2ZA)In paragraph (2) “extension period” means an extension period added pursuant to—

(a)Article 40A,

(b)Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or

(c)Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources