Act of Adjournal (Criminal Procedure Rules) 1996

Reduction of disqualification period for drink-drive offencers

20.19.—(1) In this rule—

“the Act of 1988” means the Road Traffic Offencers Act 1988(1);

“course organiser” has the meaning assigned in section 34C(2) of the Act of 1988;

“date specified” means the date specified in an order under section 34A of the Act of 1088;

“supervising court” has the meaning assigned in section 34C(2) of the Act of 1988.

(2) An application to the supervising court for a declaration under section 34B(6) of the Act of 1988 shall be

(a) in Form 20.19-A;

(b) accompanied by a copy of the written notice required by section 34B(5) of the Act of 1988 intimating the course organiser’s decision not to give a course completion certificate; and

(c) lodged with the clerk of court within 28 days after the date specified.

(3) An application to the supervising court for a declaration under section 34B(7) of the Act of 1988 shall be—

(a) in Form 20.19.-B; and

(b) lodged with the clerk of court within 28 days after the date specified.

(4) On the lodging of an application under section 34B(6) or (7) of the Act of 1988—

(a) the sheriff or stipendiary magistrate, as the case may be, shall fix a date for hearing the appliction; and

(b) the clerk of court shall—

(i) notify the applicant of the date of hearing; and

(ii) serve a copy of the application, with notice of the hearing, on the course organiser and the procurator fiscal.

(1)

1988 c. 53; sections 34A, 34B and 34C were inserted by the Road Traffic Act 1991 (c. 40), section 30.