The Motor Vehicles (Driving Licences) (Amendment) Regulations 1998

22.  For regulation 74(2) there shall be substituted—

“(2) The enactments mentioned in paragraph (2A) shall apply in relation to—

(a) holders of relevant permits and holders of British external licences of the classes mentioned in paragraphs (1A) and (1B), or

(b) (as the case may be) those licences and permits,

with the modifications contained in paragraph (2A).

(2A) The modifications referred to in paragraph (2) are that—

(a) section 7 of the Offenders Act(1) shall apply as if—

(i) the references to a licence were references to a relevant permit or a British external licence, and

(ii) the words after paragraph (c) thereof were omitted;

(b) section 27(1) and (3) of the Offenders Act(2) shall apply as if—

(i) the references to a licence were references to a relevant permit or a British external licence,

(ii) the references to the counterpart of a licence were omitted, and

(iii) in subsection (3) the words “, unless he satisfies the Court that he has applied for a new licence and has not received it” were omitted;

(c) section 42(5) of the Offenders Act shall apply as if for the words “endorsed on the counterpart of the licence” onwards there were substituted the words “notified to the Secretary of State”;

(d) section 47 of the Offenders Act shall apply as if for subsection (2)(3) there were substituted—”

“(2) Where a court orders the holder of a relevant permit or a British external licence to be disqualified it must send the permit or the licence, on its being produced to the court, to the Secretary of State who shall keep it until the disqualification has expired or been removed or the person entitled to it leaves Great Britain and in any case has made a demand in writing for its return to him.

• “Relevant permit” has the meaning given by regulation 74 of the Motor Vehicles (Driving Licences) Regulations 1996.”;

“(e) section 164(1), (6) and (8) of the Traffic Act(4) shall apply as if the references therein to a licence were references to a relevant permit or a British external licence and the references to a counterpart of a licence were omitted; and

(f) section 173 of the Traffic Act(5) shall apply as if after paragraph (aa) there were added—

“(ab) a relevant permit (within the meaning of regulation 74 of the Motor Vehicles (Driving Licences) Regulations 1996,

(ac) a British external licence,”.”

(1)

The relevant amendment is by the 1991 Act, Schedule 4, paragraph 83.

(2)

The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 91.

(3)

Section 47(2) was amended by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 100.

(4)

The relevant amendments are by the 1990 Regulations and the 1991 Act, Schedule 4, paragraph 68, and Schedule 8.

(5)

The relevant amendment is by the 1996 Regulations.