Search Legislation

Road Traffic (Amendment) Act (Northern Ireland) 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Approved courses for new drivers as alternative to revocation

 Help about opening options

Alternative versions:

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 Road Traffic (Amendment) Act (Northern Ireland) 2016, Cross Heading: Approved courses for new drivers as alternative to revocation. 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

Approved courses for new drivers as alternative to revocationN.I.

Approved courses for new drivers as alternative to revocationN.I.

20—(1) The New Drivers Order is amended as follows.

(2) In Article 5 (revocation of licences for 6 or more penalty points during person's probationary period)—

(a)in paragraph (1), after “Department”, where it second occurs, insert “ , except where paragraph (1ZB) provides otherwise, ”,

(b)in paragraph (1ZA), after “Department”, where it second occurs, insert “ (except where paragraph (1ZB) provides otherwise) ”,

(c)after paragraph (1ZA) insert—

(1ZB) The Department may offer the person the opportunity, by therelevant date, to satisfactorily complete an approved course; and if the person accepts the offer and, by the relevant date, satisfactorily completes an approved course, except as provided in paragraph (1ZC) the Department shall not revoke his licence.

(1ZC) Where—

(a)the Department makes an offer under paragraph (1ZB) and the person to whom it is made accepts the offer;

(b)during the period beginning with the day on which the offer is made and ending with the day on which the person satisfactorily completes an approved course, the Department receives, in respect of an offence other than that in respect of which the offer was made—

(i)notice of a court order referred to in Article 4(1)(d); or

(ii)the person's licence as mentioned in Article 4(3)(a),

the Department shall by notice served on that person revoke the licence.,

(d)after paragraph (3) add—

(4) In this Article and Article5B—

approved course” means a course approved by the Department for the purposes of this Article;

the relevant date” means such date, not later than 6 months after the day on which the offer under paragraph (1ZB) is given, as is specified in the offer..

(3) After Article 5, insert—

Only one offer of an approved course during a person's probationary period

5A  The Department may make only one offer under this Order (by virtue of any of Article 5(1ZB) or paragraph 5(1ZB) or 8(1ZB) of Schedule 1) to a person during the person's probationary period.virtue of any of Article 5(1ZB) or paragraph 5(1ZB) or 8(1ZB) of Schedule 1) to a person during the person's probationary period.

Approved courses: further provision

5B(1) Before making an offer under Article 5(1ZB)—

(a)the Department must be satisfied that a place on an approved course will be available for the person;

(b)the Department must have informed the person (orally and in writing and in ordinary language) of the effect of the offer and of the amount of the fees which he is required to pay for the course and when he must pay them;

(c)the person must have agreed to attend an approved course.

(2) Regulations made by the Department may make provision asregards—

(a)the nature of approved courses;

(b)approval by the Department of courses, and of persons providing approved courses (including approval subject to conditions, withdrawal of approval and payment of fees in respect of applications for approval or in connection with approval);

(c)monitoring of approved courses and persons providing them;

(d)the maximum fees that a person may be required to pay for an approved course and by when fees are to be paid;

(e)appeal against refusal of an application for approval, any condition on its grant or withdrawal of approval;

(f)entering into arrangements by the Department with persons in Great Britain who provide courses which the Department considers are of a nature similar to an approved course, for the purpose of treating those courses as approved courses within the meaning of Article 5;

(g)the issuing of guidance to persons providing approved courses;

(h)the payment to the Department by persons providing approved courses of costs reasonably incurred by it in relation to the management and administration of such courses (including monitoring, reviewing and evaluating their content and effectiveness and issuing guidance to such persons as to the conduct of such courses);

(i)the apportionment of such costs among providers of approved courses;

(j)the circumstances in which a person is to be regarded, for the purposes of Article 5, as having satisfactorily completed an approved course;

(k)certificates of satisfactory completion of approved courses and appeal to the Department against decision by the persons who provide such courses not to issue certificates;

(l)such other matters as the Department considers appropriate.

(3) Regulations under paragraph (2) shall be subject to negativeresolution..

(4) In Schedule 1 (newly qualified drivers holding test certificate)—

(a)in paragraph 5 (revocation of test certificate: newly qualified driver with provisional licence and test certificate)—

(i)in sub-paragraph (1), after “Department”, where it second occurs, insert “ , except where sub-paragraph (1ZB) provides otherwise, ”,

(ii)in sub-paragraph (1ZA), after “Department”, where it second occurs, insert “ (except where sub-paragraph (1ZB) provides otherwise) ”,

(iii)after sub-paragraph (1ZA) insert—

(1ZB) The Department may offer the person the opportunity, by therelevant date, to satisfactorily complete an approved course; and if the person accepts the offer and, by the relevant date, satisfactorily completes an approved course, except as provided in sub-paragraph (1ZC) the Department shall not revoke his test certificate.

(1ZC) Where—

(a)the Department makes an offer under sub-paragraph (1ZB) and the person to whom it is made accepts the offer;

(b)during the period beginning with the day on which the offer is made and ending with the day on which the person satisfactorily completes an approved course, the Department receives, in respect of an offence other than that in respect of which the offer was made—

(i)notice of a court order referred to in Article 4(1)(d); or

(ii)the person's test certificate as mentioned in paragraph 4(4),

the Department shall by notice served on that person revoke the test certificate.,

(iv)after sub-paragraph (5) add—

(6) In this paragraph—

approved course” means a course approved by the Department for the purposes of this paragraph;

the relevant date” means such date, not later than 6 months after the day on which the offer under sub-paragraph (1ZB) is given, as is specified in the offer.,

(b)after paragraph 5, insert—

Approved courses under paragraph 5: further provision

5A  Article 5B applies for the purposes of making an offer under paragraph 5(1ZB), and approved courses for the purposes of paragraph 5, as it applies for the purposes of making an offer under Article 5(1ZB), and approved courses for the purposes of Article 5, as if—paragraph 5(1ZB), and approved courses for the purposes of paragraph 5, as it applies for the purposes of making an offer under Article 5(1ZB), and approved courses for the purposes of Article 5, as if—

(a)references in Article 5 to an approved course, and approved courses, were references to an approved course, and approved courses, within the meaning of paragraph 5 and references to Article 5, and Article 5(1ZB), were references to paragraph 5, and paragraph 5(1ZB);

(b)the reference in Article 5B(3) to regulations under paragraph (2) (of Article 5) were a reference to regulations under this paragraph.,

(c)in paragraph 8 (revocation of licence and test certificate: newly qualified driver with full and provisional entitlements and test certificate)—

(i)in sub-paragraph (1), after “Department”, where it second occurs, insert “ , except where sub-paragraph (1ZB) provides otherwise, ”,

(ii)in sub-paragraph (1ZA), after “Department”, where it second occurs, insert “ (except where sub-paragraph (1ZB) provides otherwise) ”,

(iii)after sub-paragraph (1ZA) insert—

(1ZB) The Department may offer the person the opportunity, by therelevant date, to satisfactorily complete an approved course; and if the person accepts the offer and, by the relevant date, satisfactorily completes an approved course, except as provided in sub-paragraph (1ZC) the Department shall not revoke his licence and test certificate.

(1ZC) Where—

(a)the Department makes an offer under sub-paragraph (1ZB)and the person to whom it is made accepts the offer;

(b)during the period beginning with the day on which the offeris made and ending with the day on which the person satisfactorily completes an approved course, the Department receives, in respect of an offence other than that in respect of which the offer was made—

(i)notice of a court order referred to in Article 4(1)(d) and theperson's licence and test certificate; or

(ii)the person's licence and test certificate as mentioned inparagraph 7(4),

the Department shall by notice served on that person revoke the licence and test certificate.,

(iv)after sub-paragraph (3) add—

(4) In this paragraph—

approved course” means a course approved by the Department for the purposes of this paragraph;

the relevant date” means such date, not later than 6 months after the day on which the offer under sub-paragraph (1ZB) is given, as is specified in the offer.,

(d)after paragraph 8, insert—

Approved courses under paragraph 8: further provision

8A  Article 5B applies for the purposes of making an offer under paragraph 8(1ZB), and approved courses for the purposes of paragraph 8, as it applies for the purposes of making an offer under Article 5(1ZB), and approved courses for the purposes of Article 5, as if—paragraph 8(1ZB), and approved courses for the purposes of paragraph 8, as it applies for the purposes of making an offer under Article 5(1ZB), and approved courses for the purposes of Article 5, as if—

(a)references in Article 5 to an approved course, and approved courses, were references to an approved course, and approved courses, within the meaning of paragraph 8 and references to Article 5, and Article 5(1ZB), were references to paragraph 8, and paragraph 8(1ZB);

(b)the reference in Article 5B(3) to regulations under paragraph (2) (of Article 5) were a reference to regulations under this paragraph..

Back to top

Options/Help

Print Options

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

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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