2015No. 583
SCHEDULE 2
Article 3
Amendments to Legislation
PART 1
Primary 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 1981( 8) omit the words "and (3)".
The Road Traffic Act 1988
2. The Road Traffic Act 1988( 9) 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 1988( 11) 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 1988( 14) substitute-
|
section 99B(11)
"RTA
|
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 1996( 15) for the words "or (4)" substitute "or (5)".
The Crime (Sentences) Act 1997
5. Section 40 (fine defaulters) of the Crime (Sentences) Act 1997( 16) 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 2003( 17) 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 97A( 18) 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 1991( 19), to be inserted by section 51(4) (Disqualification for holding etc. driving licence or travel authorisation) of the Welfare Reform Act 2009( 20), omit subsection (11).
PART 2
Secondary Legislation
The Road Traffic (Northern Ireland) Order 1981
8. The Road Traffic (Northern Ireland) Order 1981( 21) 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 1992( 22) are amended as follows-
(a) in regulation 35 (disqualification from driving order) in-
(i) paragraph (1)...
