SCHEDULES

SCHEDULE 7Mutual recognition of driving disqualification in UK and Republic of Ireland

PART 1Further provision

Crime (International Co-operation) Act 2003 (c. 32)

I15

1

Section 56 (road traffic offences in Republic of Ireland: application of section 57) is amended as follows.

2

For subsection (2) substitute—

2

The driving disqualification condition is met—

a

in relation to an offence mentioned in Part 1 of Schedule 3B, if the offender is disqualified in the Republic of Ireland as a result of the offence;

b

in relation to an offence mentioned in Part 2 of that Schedule, if the offender is disqualified in the Republic of Ireland for a period not less than the minimum period as a result of the offence.

3

In subsection (3)—

a

for “a State” substitute “ the Republic of Ireland ”,

b

for “in that State” substitute “ there ”, and

c

for “the law of that State” substitute “ the law of the Republic of Ireland ”.

4

For subsection (4) substitute—

4

The minimum period is—

a

for an offence in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;

b

for any other offence, a period of six months.

5

Omit subsection (5).

6

In subsection (6), for “the part of the United Kingdom in which the offender is normally resident” substitute “ the relevant part of the United Kingdom ”.

7

After that subsection insert—

6A

In subsection (6), “the relevant part of the United Kingdom” means—

a

where the offender was normally resident in the United Kingdom when convicted, the part of the United Kingdom in which the offender was normally resident at that time;

b

where the offender was not normally resident in the United Kingdom when convicted but held a Great Britain licence or a Northern Ireland licence, the part of the United Kingdom in which the offender was last normally resident before conviction.

8

Omit subsection (7).

9

In subsection (8)—

a

for “treating” substitute “ about when ”,

b

after the first “United Kingdom” insert “ are to be treated for the purposes of this section ”, and

c

for “a member state other than the United Kingdom” substitute “ the Republic of Ireland ”.

10

After subsection (9) insert—

10

The Secretary of State may by regulations amend Schedule 3B.