SCHEDULES
SCHEDULE 2GIVING OF FIXED PENALTY NOTICES BY VEHICLE EXAMINERS ETC.
Road Traffic (New Drivers) (Northern Ireland) Order 1998 (NI 7)
23
In Article 4 (surrender of licences)—
a
in paragraph (3)—
i
in sub-paragraph (a)—
A
after “Offenders Order” insert “, retained by a vehicle examiner under that Article”; and
B
for “fixed penalty clerk”, in the second place where it occurs, substitute “appropriate person”;
ii
in sub-paragraphs (c), (d) and (f), for “fixed penalty clerk” substitute “appropriate person”;
b
in paragraph (4)—
i
omit “, the fixed penalty clerk”;
ii
in sub-paragraph (a), insert at the beginning “the appropriate person”; and
iii
in sub-paragraph (b), insert at the beginning “unless the appropriate person is the Department, he”;
c
in paragraph (5), omit “by the fixed penalty clerk”;
d
after paragraph (6) insert—
7
In this Article and Article 5—
“course provider”, in relation to a fixed penalty notice, means—
- a
if it was given by a constable or an authorised person, the fixed penalty clerk; and
- b
if it was given by a vehicle examiner or the Department, the Department; and
“course provider”, in relation to a conditional offer, means—
- a
where the conditional offer was issued under Article 80(1) of the Offenders Order, the fixed penalty clerk; and
- b
where it was issued under paragraph (1A) of that Article, the Department.
24
In Article 5 (revocation of licences)—
a
in paragraph (1) for “(4)” substitute “(4)(b)”;
b
after that paragraph insert—
1ZA
Where Article 4(4)(a) applies but the appropriate person is the Department, the Department must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued, revoke that person’s licence.
c
in paragraph (1A), after “paragraph (1)” insert “or (1ZA)”;
d
in paragraph (1B), after “section 3(1)” insert “or (1ZA)”;
e
in paragraph (2), for “paragraph (1) or (1B)” substitute “this Article”.
25
In Schedule 1 (newly qualified drivers holding test certificates)—
a
in paragraph 1, after sub-paragraph (2) insert—
2A
In this Schedule “the appropriate person” has the same meaning as in Articles 4 and 5.
b
in paragraph 3(4)—
i
in head (a), for “fixed penalty clerk” in both places substitute “appropriate person”;
ii
in head (c), for “fixed penalty clerk” substitute “appropriate person”; and
iii
in the words following head (c), for “fixed penalty clerk to whom the payment is made” substitute “appropriate person”;
c
in paragraph 4(3)—
i
in head (b), for “fixed penalty clerk” substitute “appropriate person”; and
ii
for the words following head (c) substitute “Article 4(4) does not apply but if the appropriate person is the fixed penalty clerk sub-paragraph (4) applies instead.”;
d
in paragraph 5—
i
after sub-paragraph (1) insert—
1ZA
Where Article 4(4) is disapplied by paragraph 4(3) and the appropriate person is the Department, the Department must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued revoke that person’s test certificate.
ii
in sub-paragraph (1A), after “sub-paragraph (1)” insert “or (1ZA)”;
iii
in sub-paragraph (1B), after “paragraph 5(1)” insert “or (1ZA)”;
iv
in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “this paragraph”;
e
in paragraph 6(1), after “paragraph 5(1)” insert “or (1ZA)”;
f
in paragraph 7—
i
in sub-paragraph (3)(b), for “fixed penalty clerk” substitute “appropriate person”; and
ii
in sub-paragraph (4)—
A
for “fixed penalty clerk” substitute “appropriate person”; and
B
at the beginning of head (b) insert “unless the appropriate person is the Department,”;
g
in paragraph 8—
i
after sub-paragraph (1) insert—
1ZA
Where paragraph 7(4) applies and the appropriate person is the Department, the Department must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued revoke that person’s licence and test certificate.
ii
in sub-paragraph (1A), after “sub-paragraph (1)” insert “or (1ZA)”;
iii
in sub-paragraph (1B), after “paragraph 8(1)” insert “or (1ZA)”; and
iv
in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “this paragraph”;
h
in paragraph 9, after “paragraph 8(1)” insert “or (1ZA)”;
i
in paragraph 10(a), after—
i
“paragraph 5(1)”; and
ii
“paragraph 8(1)”,
insert “or (1ZA)”.