Part 3

Road traffic
Chapter 1

Mutual recognition of driving disqualification in UK and Republic of Ireland

Appeals

Power of appellate courts in Northern Ireland to suspend disqualification
62
1
This section applies where a person is disqualified by virtue of section 57.
2
Where the person appeals to a court of summary jurisdiction against the disqualification, the court may, if it thinks fit, suspend the disqualification.
3
Where the person makes an application in respect of the decision of the court under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26)) (statement of case), the Court of Appeal may, if it thinks fit, suspend the disqualification.
4
Where the person has appealed, or applied for leave to appeal, to the Supreme Court under section 41 of the Judicature (Northern Ireland) Act 1978 (c. 23) from any decision of the Court of Appeal which is material to the disqualification, the Court of Appeal may, if it thinks fit, suspend the disqualification.
5
Any power of a court under this section to suspend the disqualification is a power to do so on such terms as the court thinks fit.
6
Where, by virtue of this section, a court suspends the disqualification, it must send notice of the suspension to the Department.
7
The notice must—
a
be sent in such manner and to such address, and
b
contain such particulars,
as the Department may determine.
Words in s. 62(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 79; S.I. 2009/1604, art. 2(d)
S. 62 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))