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Whereas this Order is made only for purposes corresponding to those of Chapter 2 of Part 3 of the Crime (International Co-operation) Act 2003 (c. 32): Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) (as modified by section 92 of the said Act of 2003) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:- Title and commencement 1. - (1) This Order may be cited as the Road Traffic (Driving Disqualifications) (Northern Ireland) Order 2003. (2) This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made. (3) The other provisions of this Order shall come into operation on such day as the Department may by order appoint. Interpretation 2. - (1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly. (2) In this Order "the Department" means the Department of the Environment. Recognition in Northern Ireland of disqualifications in Great Britain, etc. 3. After Article 18 of the Road Traffic (Northern Ireland) Order 1981 (NI 1) there shall be inserted - Disqualification while disqualified in Great Britain, Isle of Man, Channel Islands or Gibraltar 18A. - (1) A person is disqualified for holding or obtaining a licence to drive a motor vehicle of any class so long as he is subject to a relevant disqualification imposed outside Northern Ireland. (2) For the purposes of this Article a person is subject to a relevant disqualification imposed outside Northern Ireland if, in respect of any offence -
(b) a court in the Isle of Man or any of the Channel Islands disqualifies him for holding or obtaining a British external licence, or (c) a court in Gibraltar disqualifies him for holding or obtaining a licence to drive a motor vehicle granted under the law of Gibraltar.
(3) A certificate signed by the Department which states, in respect of a person, any matter relating to the question whether he is subject to a relevant disqualification imposed outside Northern Ireland shall be evidence of the matter so stated.
Endorsement of counterparts issued to Great Britain licence holders
19F. - (1) The Department may issue to any Great Britain licence holder who -
(b) has provided the Department with the information specified in, or required under, paragraph (3) (whether or not in pursuance of this Article),
a document (referred to in this Part in relation to a Great Britain licence as a "counterpart").
(b) contain such information,
designed for the endorsement of particulars relating to the Great Britain licence as the Department may determine.
(b) his date of birth; (c) the classes of vehicle which he is authorised by his Great Britain licence to drive; (d) the period of validity of the licence; (e) whether it was granted in exchange for a licence issued by a state other than an EEA State; and (f) such other information as the Department may require for the purposes of the proper exercise of any of its functions under this Part or Part V.
(4) The Department -
(ii) with information providing a means of ascertaining that information or any part of it; and
(b) must return the Great Britain licence to the holder.
(5) Paragraphs (6) to (9), (11) (with the omission of sub-paragraph (a)) and (12) of Article 15B apply for the purposes of this Article as if the references to a Community licence were references to a Great Britain licence.".
(2) After Article 92 of the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) there shall be inserted -
92ZA. - (1) The references to a licence in the following provisions of this Order include references to a Great Britain licence -
(b) Article 28(4) and (5) and (6)(b), (c) Article 29, (d) Article 31(1), (e) Article 32, (f) Article 33, (g) Article 47(6), (h) Article 49(1), (i) Article 51(2), (j) Article 52(2) and (3), (k) Article 53.
(2) Accordingly, the reference in Article 29(2)(b) to the suspension of a licence is to be construed in relation to a Great Britain licence holder as a reference to his ceasing to be authorised by virtue of Article 19E(1) of the Order of 1981 to drive in Northern Ireland a motor vehicle of any class.
(b) contain such particulars,
as the Department may determine.
(b) the particulars contained in the notice include -
(ii) particulars of the disqualification,
the Department must send a notice containing the particulars mentioned in sub-paragraph (b)(i) and (ii) to the licensing authority in Great Britain.
Effect of endorsement on Great Britain licence holders
Prohibition on holding or obtaining Northern Ireland and Great Britain licences
(b) after paragraph (1A) there shall be inserted -
(b) the Department must send the Great Britain licence and its Great Britain counterpart to the licensing authority in Great Britain together with particulars of the class of motor vehicles to which the licence granted under this Part relates.".
(3) In Article 15 (duration of licences), after paragraph (5) there shall be inserted -
(b) the Department is satisfied that a Great Britain licence to drive a motor vehicle of that or a corresponding class has been granted to that person,
the Department must serve notice in writing on that person revoking the licence granted under this Part.".
(4) In Article 18 (disqualification to prevent duplication of licences), at the end there shall be inserted -
Disability and prospective disability
19G. - (1) If the Department is at any time satisfied on inquiry -
(b) that the Department would be required by virtue of Article 9(3) to refuse an application made by the holder at that time for a licence authorising him to drive a vehicle of the class in respect of which his Great Britain licence was issued or a class corresponding to that class,
the Department may serve notice in writing requiring the licence holder to deliver immediately to the Department his Great Britain licence together with its Great Britain counterpart and its counterpart (if any) issued to him under this Part ("the relevant counterparts").
(b) on receipt of the Great Britain licence and those counterparts and of an application made for the purposes of this paragraph, grant to the Great Britain licence holder, free of charge, a licence for a period determined by the Department under Article 15(1)(c).
(3) The Department may require a person to provide -
(b) a photograph which is a current likeness of him,
before granting a licence to him on an application for the purposes of paragraph (2).
(b) without reasonable excuse, fails to do so,
shall be guilty of an offence under this Order.
(b) is not in possession of them in consequence of the fact that he has surrendered them to a constable or authorised person (within the meaning of Part IV of the Offenders Order) on receiving a fixed penalty notice given to him under Article 60 of that Order,
he does not fail to comply with any such requirement if he delivers them to the Department immediately on their return.
(b) explain to them its reasons for so doing.
Information relating to disabilities, etc.
(b) after that paragraph there were inserted -
(b) in any other case, the date on which he first became so resident.",
(c) after paragraph (3A) there shall be inserted -
(b) drives on a road a motor vehicle of that class,
is guilty of an offence if at any earlier time while he was so authorised he was required by paragraph (1) to notify the Department but has failed without reasonable excuse to do so.",
(e) in paragraph (5), the words "applicant or" and the words from the beginning of sub-paragraph (c) to "provisional licence" were omitted, (f) in paragraph (6)(b), the words "applicant or" (in both places) were omitted, (g) in paragraph (7), the words "applicant or" were omitted, and (h) in subsection (8) -
(ii) the words "applicant or" (in both places) were omitted.".
(3) In Article 10 (revocation of licence because of disability or prospective disability) -
(b) at the end there shall be inserted -
(b) by virtue of the reasons given by that authority for sending the licence is at that time satisfied as mentioned in paragraph (1)(a) and (b) or that the licence holder is suffering from a prospective disability,
the Department may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.
Consequential amendments and repeals
(b) any transitory, transitional or saving provision,
which it considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Order. 1. The Road Traffic (Northern Ireland) Order 1981 shall be amended as follows. 2. In Article 4 (exceptions to offence under Article 3), in paragraph (2)(b)(ii), for "Article 6(1) of, or paragraph 6(1) or 9(1)" substitute "Article 6 of, or paragraph 6 or 9". 3. In Article 9 (requirements as to physical fitness of drivers), in paragraph (10A), after "Article 15D" insert "or 19H". 4. In Article 13 (grant of licences), in paragraph (1)(d), for "Article 6(1) of, or paragraph 6(1) or 9(1)" substitute "Article 6 of, or paragraph 6 or 9". 5. In Article 16 (appeals relating to licences), in paragraph (1) -
(b) for "or 15C" substitute "15C or 19G".
6.
In Article 19C (regulations) -
(ii) in sub-paragraph (b)(iii), after "this Part" insert ", of Great Britain licences", (iii) in sub-paragraph (ea), after "counterparts" (in the first place) insert "of Great Britain licences or" and after "counterparts" (in the second place) insert "of Great Britain licences or (as the case may be)", (iv) in sub-paragraph (g), before "Community licences" insert "Great Britain licences or",
(b) in paragraph (4) for "and 40 to 53" substitute "40 to 53 and 92ZA".
7.
In Article 19D (interpretation), in paragraph (1) -
(b) in the definition of "Great Britain driving licence" and "Great Britain licence", at the end insert "and "Great Britain counterpart" means the document issued with the Great Britain licence as a counterpart under the law of Great Britain".
8.
In Article 19E (provisions as to Great Britain drivers' licences) -
(b) in paragraph (2), omit sub-paragraph (b) and the "and" preceding it, (c) omit paragraphs (3) to (5).
9.
In Article 174 (false statements in connection with forgery of, and fraudulent use of documents, etc.), in paragraph (6) after "Part II (in the first place) insert ", a Great Britain licence".
(b) after "counterpart" (in the second place) insert "Great Britain licence".
11.
The Road Traffic Offenders (Northern Ireland) Order 1996 shall be amended as follows.
(b) for "and EEA State" substitute "EEA State and Great Britain licence".
13.
In Article 7 (restriction on institution of proceedings for certain offences), in paragraph (2), after "15D" insert "or 19H".
(b) in the entry for Article 15B(11) of that Order -
(ii) in column 2, at the end insert "or a requirement under Article 15B(6) or (7) as applied by Article 19F(5)",
(c) omit the entry for Article 19E of that Order,
16.
The Road Traffic (New Drivers) (Northern Ireland) Order 1998 is amended as follows.
18.
In Article 4 (surrender of licences), at the end insert -
19.
In Article 5 (revocation of licences) -
(b) the Great Britain licence.
(1B) Where the Department is sent by that licensing authority particulars of a notice served on the holder of a licence under section 3(1) of the Road Traffic (New Drivers) Act 1995 (c. 13), the Department must by notice served on the holder revoke the licence.",
(c) at the end, insert -
20.
In Article 6 (re-testing) -
(ii) after "full licence" (in the second place it occurs) insert "or (as the case may be) full Great Britain licence",
(b) after paragraph (1) insert -
(d) in paragraph (5) -
(ii) for "Article 5(1)" substitute "Article 5 or whose Great Britain licence has been revoked under section 3(1) of the Road Traffic (New Drivers) Act 1995".
21.
In Article 7 (restoration of licence without re-testing in certain cases) -
(b) in paragraphs (3)(a) and (4)(c), after "Article 4" insert "or (as the case may be) section 2 of the Road Traffic (New Drivers) Act 1995", (c) at the end insert -
22.
In Article 9 (early termination of probationary period) -
(b) in sub-paragraph (c) -
(ii) for "paragraph 8(1)" substitute "paragraph 8".
23.
Schedule 1 (newly qualified drivers holding test certificates) shall be amended as follows.
(4) In relation to the holder of a Great Britain licence, the following sub-paragraphs have effect for the purposes of this Schedule. (5) References to a test certificate are references to a certificate or other document (in this Schedule referred to as a "Great Britain test certificate") which is evidence that he has not more than two years previously passed a Great Britain test of competence to drive corresponding to the test mentioned in sub-paragraph (1). (6) References to prescribed conditions are references to conditions subject to which the Great Britain provisional licence was granted.".
25.
In paragraph 2, after sub-paragraph (4) insert -
26.
In paragraph 5 -
(1B) Where the Department is sent by that licensing authority particulars of a notice served on the holder of a licence under paragraph 5(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995, the Department must by notice served on that person revoke his test certificate.",
(c) at the end insert -
(5) The effect of the revocation of a person's Great Britain test certificate as respects Northern Ireland is that any prescribed conditions to which his Great Britain provisional licence ceased to be subject when he became a qualified driver shall again apply for the purposes of Article 19E(1) of the Order of 1981.".
27.
In paragraph 6, in sub-paragraph (1), for "paragraph 5(1)" substitute "paragraph 5, or whose Great Britain test certificate has been revoked under paragraph 5(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995".
(1B) Where the Department is sent by that licensing authority particulars of a notice served on the holder of a licence under paragraph 8(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995, the Department must by notice served on that person revoke his licence and test certificate.",
(c) at the end insert -
29.
In paragraph 9 -
(b) in sub-paragraph (4)(b)(i), after "1981" insert ", or under section 98(2) of the Road Traffic Act 1988,".
30.
In paragraph 10(a) -
(b) for "paragraph 8(1)" substitute "paragraph 8 (or a person's Great Britain licence and Great Britain test certificate have been revoked under paragraph 8(1) of Schedule 1 to the Road Traffic (New Drivers) Act 1995)".
31.
In paragraph 11 -
(b) in sub-paragraph (1)(d), after "Article 4" insert "or (as the case may be) section 2 of the Road Traffic (New Drivers) Act 1995.".
(This note is not part of the Order) This Order is made only for purposes corresponding to those of Chapter 2 of Part 3 of the Crime (International Co-operation) Act 2003. The Order provides that a person is disqualified for holding or obtaining a driving licence so long as he is subject to a relevant disqualification imposed outside Northern Ireland, and prohibits the holding of a Northern Ireland and a Great Britain driving licence. Explanatory Memorandum ISBN 0 11044374 8
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