Part 3

Road traffic
Chapter 1

Mutual recognition of driving disqualification in UK and Republic of Ireland

Road traffic offences in UK

Duty to give notice to Republic of Ireland of UK driving disqualification
55
1
Where this section applies, the appropriate Minister must give the central authority of the Republic of Ireland a notice under this section.
2
A notice under this section must—
a
give the name, address and date of birth of the offender,
b
give particulars of the offence,
c
state that no appeal is outstanding in relation to it,
d
give particulars of the disqualification,
e
state whether or not the offender took part in the proceedings in which the disqualification was imposed,
f
state that the offender has been informed that any decision made for the purposes of the specified agreement on driving disqualifications will have no effect on the disqualification.
3
A notice under this section may contain such other information as the appropriate Minister considers appropriate.
4
A notice under this section must be accompanied by the original or a certified copy of the order of disqualification.
5
Where the offender did not take part in the proceedings mentioned in subsection (2)(e), a notice under this section must also be accompanied by evidence that the offender was duly notified of those proceedings.
6
Where the offender is the holder of a Community licence, a notice under this section must also be accompanied by the licence unless it has been returned to the driver—
a
under section 91A(7A)(b) of the Road Traffic Offenders Act 1988 (c. 53), or
b
under Article 92A(7)(b)(ii) of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).
7
Where the period of disqualification is reduced by virtue of section 34A of that Act or Article 36 of that Order, the appropriate Minister must give the central authority particulars of the reduction.
8
Where the disqualification is removed by an order under section 42 of that Act or Article 47 of that Order, the appropriate Minister must give the central authority particulars of the removal.
9
The appropriate Minister must provide—
a
the central authority, or
b
the competent authority of the Republic of Ireland,
with any further information which it requires for the purposes of the specified agreement on driving disqualifications.
Words in s. 55(6)(a) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 6(a)
Words in s. 55(9) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(5)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
Words in s. 55(9)(b) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(5)(a) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
S. 55 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(2) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
Pt. 3 Ch. 1 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(2), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
S. 55 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(3)
Words in s. 55(1) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(3) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3
Pt. 3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))
Words in s. 55(2)(f) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 3(4) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3