2015 No. 583

Road Traffic

The Road Safety Act 2006 (Consequential Amendments) Order 2015

Made3rd March 2015

Coming into force8th June 2015

The Secretary of State, in exercise of the powers conferred by section 60 of the Road Safety Act 20061, makes the following Order.

In accordance with section 60(4) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement1.

(1)

This Order may be cited as the Road Safety Act 2006 (Consequential Amendments) Order 2015 and comes in to force on 8th June 2015.

(2)

In this Order “the Act” means the Road Safety Act 2006.

Repeals and revocations2.

Schedule 1 (which contains repeals and revocations of legislation in consequence of provision made by or under the Act) has effect.

Amendment of legislation3.

Schedule 2 (which contains amendments to legislation in consequence of provision made by or under the Act) has effect.

Signed by authority of the Secretary of State for Transport

Claire Perry

Parliamentary Under Secretary of State

Department for Transport

3rd March 2015

SCHEDULE 1Repeals and revocations

Article 2

PART 1Primary Legislation

Table 1

Enactment	Extent of Repeal

The Road Traffic Act 19912	Paragraph 94 of Schedule 4
The Road Traffic (New Drivers) Act 19953	Paragraph 5 of Schedule 2
The Criminal Procedure (Consequential Provisions) (Scotland) Act 19954	Paragraph 71(5) of Schedule 4
Crime (International Co-operation) Act 20035	Paragraphs 29, 30, 36(d) and 37(d) of Schedule 5
The Legal Aid, Sentencing and Punishment of Offenders Act 20126	Paragraph 7 of Schedule 27

PART 2Secondary Legislation

Table 2

Enactment	Extent of Revocation
The Driving Licences (Community Driving Licence) Regulations 19967	Paragraphs 32 and 33 of Schedule 1

SCHEDULE 2Amendments to Legislation

Article 3

PART 1Primary Legislation

The Public Passenger Vehicles Act 1981

1.

In section 68(2) (defences available to persons charged with certain offences) of the Public Passenger Vehicles Act 19818 omit the words “and (3)”.

The Road Traffic Act 1988

2.

The Road Traffic Act 19889 is amended as follows—

(a)

in section 97 (grant of licences)—

(i)

in subsection (1)(c)(ia) for the words “and its counterpart (if any) issued to him under this Part of this Act” substitute the words “(if any)”;

(ii)

in subsection (1AA)—

(aa)

for the words “counterparts mentioned in that sub-paragraph” substitute “counterpart (if any)”;

(bb)

in paragraph (b) after the words “Northern Ireland counterpart” insert the words “(if any)”;

(b)

in section 99A(5) (authorisation to drive in Great Britain) omit paragraph (a) and omit “(b)”;

(c)

in section 125 (the register of approved instructors)—

(i)

in subsection (3)(b)(iii) omit the words “and a counterpart of that licence”;

(ii)

in subsection (10) for the words “and “counterpart”, in relation to a Community licence, have the same meanings” substitute “has the same meaning”;

(d)

in section 142 (index to Part 5) omit the words “and counterpart in relation thereto”;

(e)

in section 165A (power to seize vehicles driven without licence or insurance)—

(i)

in subsection (2)(a) omit the words “and its counterpart”;

(ii)

in subsection (6)(a) omit the words “and its counterpart”;

(iii)

in subsection (9)(c) for the words ““counterpart” and “licence” have the same meanings” substitute ““licence” has the same meaning”;

(f)

in section 173 (forgery of documents, etc.) omit subsection (4);

(g)

in section 193A(2)(b) (tramcars and trolley vehicles) omit “32,” and for the words “to 91B” substitute “, 91A”10.

The Road Traffic Offenders Act 1988

3.

The Road Traffic Offenders Act 198811 is amended as follows—

(a)

in section 2(2)(b) (requirement of warning etc: supplementary) for “54(4)” substitute “54(5)”12;

(b)

in section 10(1)(b) (jurisdiction of district court in Scotland) for “77” substitute “77A” 13;

(c)

in section 46(3) (combination of disqualification and endorsement with probation orders and orders for discharge) omit “, 45”;

(d)

in section 75(9) (issue of conditional offer) omit the words “(8)(b) and”;

(e)

in section 76(5) (effect of offer and payment of penalty) for “77” substitute “77A”;

(f)

in section 79 (statements by constables)—

(i)

in subsection (1) for “54(4)” substitute “54(5)”;

(ii)

in subsection (6)(b) for “54(4)” substitute “54(5)”;

(g)

in section 91ZA (application to Northern Ireland licence holders) in subsection (1) omit paragraph (g);

(h)

in section 91A(1) (application to Community licence holders) for the words from “27” to “48(1) and (2)” substitute “and 27”.

(i)

in section 98(1) (general interpretation), in the definition of “the provisions connected with the licensing of drivers” omit “32,”;

(j)

in Schedule 1, in the table after paragraph 4, for the entry relating to section 99B(11) of the Road Traffic Act 198814 substitute—

“RTA section 99B(11)
Driving after failing to comply with a requirement under section 99B(7) or (10)
Section 6 of this Act. ”

(k)

in Schedule 2, Part I, in the table for the entry relating to section 99B(11) of the Road Traffic Act 1988 substitute—

“RTA section 99B(11)
Driving after failing to comply with a requirement under section 99B(7) or (10)
Summarily
Level 3 on the standard scale
—
—
—”

The London Local Authorities Act 1996

4.

In section 9(a) (penalty charge not payable in certain cases) of the London Local Authorities Act 199615 for the words “or (4)” substitute “or (5)”.

The Crime (Sentences) Act 1997

5.

Section 40 (fine defaulters) of the Crime (Sentences) Act 199716 is amended as follows—

(a)

in subsection (6) omit the words “together with its counterpart”;

(b)

in subsection (7) omit the definition of “counterpart”.

The Crime (International Co-operation) Act 2003

6.

The Crime (International Co-operation) Act 200317 is amended as follows—

(a)

in section 55(6)(a) (duty to give notice to foreign authorities of driving disqualification of a non-UK resident) for the words “section 91A(7)(b)(ii)” substitute “section 91A(7A)(b)”;

(b)

in section 68 (endorsement of licence: Great Britain)—

(i)

in the heading for the word “licence” substitute “driving record”;

(ii)

for subsection (7) substitute—

“(7)
Where the person ceases to be disqualified by virtue of section 57(6), the Secretary of State must endorse the relevant particulars on his driving record.
(8)
In this section “driving record” has the meaning given by section 97A18 of the Road Traffic Offenders Act 1988.”;

(c)

in section 74 (interpretation) in the definition of “counterpart” omit paragraph (a).

The Welfare Reform Act 2009

7.

In the section 39CA of the Child Support Act 199119, to be inserted by section 51(4) (Disqualification for holding etc. driving licence or travel authorisation) of the Welfare Reform Act 200920, omit subsection (11).

PART 2Secondary Legislation

The Road Traffic (Northern Ireland) Order 1981

8.

The Road Traffic (Northern Ireland) Order 198121 is amended as follows—

(a)

in Article 13 (grant of licences)—

(i)

in paragraph (1)(c)(ia) omit the words “its Great Britain counterpart and”;

(ii)

in paragraph (1AA)—

(aa)

for the word “counterparts” substitute “counterpart”;

(bb)

in sub-paragraph (b) omit the words “and its Great Britain counterpart”;

(b)

in Article 19D(1) (interpretation)—

(i)

in paragraph (aa) of the definition of “counterpart” omit the words “(except in the definition of Great Britain counterpart)”;

(ii)

in the definition of “Great Britain driving licence” omit the words “and “Great Britain counterpart” means the document issued with the Great Britain licence as a counterpart under the law of Great Britain”;

(c)

in Article 19E(2) (provisions as to Great Britain drivers’ licences)—

(i)

for the words “and its counterpart as if they” substitute “as if it”;

(ii)

omit the words “and the counterpart of such a licence”;

(iii)

omit the words “and counterparts of licences”;

(d)

in Article 19G (revocation of authorisation conferred by Great Britain licence because of disability or prospective disability)—

(i)

in paragraph (1) omit the words “with its Great Britain counterpart and” and omit the words “(the relevant counterparts)”;

(ii)

in paragraph (2)(a) for the words “the relevant counterparts” substitute “its counterpart (if any) issued to him under this Part”;

(iii)

in paragraph (2)(b) for the words “those counterparts” substitute “its counterpart (if any)”;

(iv)

in paragraph (4)(a) for the words “relevant counterparts” substitute “counterpart (if any)”;

(v)

in paragraph (7)(a) omit the words “and its Great Britain counterpart”;

(e)

in Article 79(3) (provisions as to Great Britain licences)—

(i)

for the words “and its counterpart are” substitute “is”;

(ii)

for the word “them” substitute “it”.

The Child Support (Collection and Enforcement) Regulations 1992

9.

The Child Support (Collection and Enforcement) Regulations 199222 are amended as follows—

(a)

in regulation 35 (disqualification from driving order) in—

(i)

paragraph (1) omit the words “and, where applicable, its counterpart,”; and

(ii)

paragraph (6) omit the words “or its counterpart”;

(b)

in Schedule 4 (form of order of disqualification from holding or obtaining a driving licence) omit the words “and counterpart”.

The Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996

10.

In Regulation 47(2)(b) (removal of disqualification) of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 199623 omit the words “, or of its counterpart,”.

The Motor Vehicles (Driving Licences) Regulations 1999

11.

The Motor Vehicles (Driving Licences) Regulations 1999 24 are amended as follows—

(a)

in regulation 12(4)(a) (restrictions on the grant of large goods and passenger–carrying vehicle driver’s licences) for “58” substitute “58A”25;

(b)

in regulation 21 (lost or defaced licences)—

(i)

in paragraph (1)—

(aa)

in paragraph (a)(i) omit the words “or its counterpart”;

(bb)

for the words from “the Secretary of State shall” to the end substitute “the Secretary of State shall, on the surrender of any licence that has not been lost, issue to him a duplicate licence and the duplicate so issued shall have the same effect as the original.”;

(ii)

omit paragraph (3);

(c)

in regulation 38 (further requirements at tests)—

(i)

in paragraph (3)(a)(i) omit the words “and a counterpart thereof”;

(ii)

in paragraph (5)(a) omit the words “and a counterpart thereof”;

(d)

in regulation 55 (large goods vehicle drivers’ licences and LGV Community licences: obligatory revocation or withdrawal and disqualification)—

(i)

in paragraph (1) for “58” substitute “58A”;

(ii)

in paragraph (2) for “58” substitute “58A”;

(e)

in regulation 57(2)(b) (removal of disqualification) omit the words “, or of its counterpart,” and for “45” substitute “45A”26;

(f)

in regulation 80 (persons who become resident in Great Britain)—

(i)

omit paragraph (5)(b)(ii);

(ii)

omit paragraph (5)(c);

(iii)

in paragraph (5)(e) omit the words “and the references to a counterpart of a licence were omitted”.

The Motor Cars (Driving Instruction) Regulations 2005

12.

Regulation 4 (candidate to produce particulars) of the Motor Cars (Driving Instruction) Regulations 200527 is amended as follows—

(a)

in paragraph (2)(a) omit the words “together with any relevant counterpart of that licence”;

(b)

in paragraph (4)(a) omit the words “together with any relevant counterpart of that licence”.

The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007

13.

In the Vehicle Drivers (Certificates of Professional Competence) Regulations 200728 in regulation 5A(1) (further requirements at tests: initial CPC test)—

(a)

in paragraph (a) omit the words “and, where that licence has a counterpart, the counterpart of that licence; and”;

(b)

after paragraph (a) insert—

“(aa)
produce to the person conducting the test their Northern Ireland counterpart, where that person has a Northern Ireland counterpart, if the test is taking place in Northern Ireland; and”.

The Road Traffic (Northern Ireland) Order 2007

14.

Schedule 5 (endorsement all drivers: consequential amendments) of the Road Traffic (Northern Ireland) Order 200729 is amended as follows —

(a)

in paragraph 4(b)—

(i)

in head (i) for “counterparts” substitute “counterpart”;

(ii)

omit head (ii) and the preceeding “and”;

(b)

in paragraph 12(a) omit the words “and “Great Britain counterpart””;

(c)

in paragraph 15—

(i)

in sub-paragraph (b)(i) for the words “the relevant counterparts” substitute “its counterpart (if any) issued to him under this Part”;

(ii)

in sub-paragraph (b)(ii) for the words “those counterparts” substitute “its counterpart (if any)”;

(iii)

in sub-paragraph (c) for the words “relevant counterparts” substitute “counterpart (if any)”;

(iv)

omit sub-paragraph (e);

(d)

omit paragraph 20.

The Road Safety (Financial Penalty Deposit) Order 2009

15.

In Table 5 of Part 1 of the Schedule to the Road Safety (Financial Penalty Deposit) Order 200930 in the entry relating to section 164(6) of the Road Traffic Act 1988 omit the words “or counterpart”.

The Prostitution (Public Places) (Scotland) Act 2007 (Disqualification from Driving) Order 2011

16.

The Prostitution (Public Places) (Scotland) Act 2007 (Disqualification from Driving) Order 201131 is amended as follows—

(a)

in article 2 (interpretation) omit the definition of “counterpart”;

(b)

in article 4 (requirement to surrender licence)—

(i)

omit the word “and” at the end of paragraph (c);

(ii)

omit paragraph (d).

The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012

17.

In paragraph 2(2)(b) (interpretation) of Schedule 2 to the International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 201232 omit paragraph (ii).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for consequential amendments of enactments in connection with the commencement of section 10 of and Schedule 3 to the Road Safety Act 2006 (c. 49) (“the Act”).

Article 2 gives effect to Schedule 1 to this Order. Schedule 1 Part 1 provides for the primary legislation specified in column 1 of the table to be repealed to the extent indicated in the second column of the table. Schedule 1 Part 2 provides for the subordinate legislation specified in column 1 of the table to be revoked to the extent indicated in the second column of the table.

Article 3 gives effect to Schedule 2 to this Order. Schedule 2 Part 1 amends primary legislation in consequence of the Act and Schedule 2 Part 2 amends subordinate legislation in consequence of the Act.

A full impact assessment of the effect that the abolition of the driving licence counterpart will have on the costs of business and the voluntary sector is available from DVLA, Swansea SA6 7JL and is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.