Part 3

Road traffic
Chapter 1

Mutual recognition of driving disqualification in UK and Republic of Ireland

Appeals

Power of appellate courts in Scotland to suspend disqualification
61
1
This section applies where a person is disqualified by virtue of section 57.
2
Where the person appeals to the sheriff against the disqualification, the sheriff may, if he thinks fit, suspend the disqualification on such terms as he thinks fit.
3
Where the person appeals to the High Court of Justiciary from any decision of the sheriff, the court may, if it thinks fit, suspend the disqualification on such terms as it thinks fit.
The power conferred by this subsection may be exercised by a single judge of the court.
4
Where, by virtue of this section, a court suspends the disqualification, it must send notice of the suspension to the Secretary of State.
5
The notice must—
a
be sent in such manner and to such address, and
b
contain such particulars,
as the Secretary of State may determine.
S. 61 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)
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
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))