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The Road Traffic Offenders (Northern Ireland) Order 1996
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Changes over time for: Section 74
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Road Traffic Offenders (Northern Ireland) Order 1996. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Article 74:
- art. 74(1) words inserted by 2016 c. 11 (N.I.) s. 10(2)(a)
- art. 74(1) words substituted by S.I. 2007/916 (N.I.) Sch. 2 para. 12(a)
- art. 74(1A) inserted by S.I. 2007/916 (N.I.) Sch. 2 para. 12(b)
- art. 74(2) words inserted by 2016 c. 11 (N.I.) s. 10(2)(b)
- art. 74(3) words inserted by 2016 c. 11 (N.I.) s. 10(2)(c)
- art. 74(3) words inserted by S.I. 2007/916 (N.I.) Sch. 2 para. 12(c)
- art. 74(5) word substituted by S.I. 2007/916 (N.I.) Sch. 4 para. 19
- art. 74(5) words substituted by 2016 c. 11 (N.I.) s. 10(2)(d)(i)
- art. 74(5) words substituted by 2016 c. 11 (N.I.) s. 10(2)(d)(ii)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order transfer of functions by S.R. 2016/76 Sch. 5 Pt. 2
- Order transfer of functions by S.I. 2010/976 Sch. 17 para. 46
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Pt. 4A inserted by S.I. 2007/916 (N.I.) art. 12(1)
- Pt. 4B inserted by 2022 c. 32 s. 89(2)
- s. 40A 40B inserted by 2009 c. 25 Sch. 16 para. 4
- art. 15(1) power to apply conferred by S.I. 2007/916 (N.I.) Sch. 1 para. 8
- art. 15(1) power to apply conferred by SI 1981/154 (N.I. 1) Sch. 2A para. 7 (as inserted) by S.I. 2007/916 (N.I.) Sch. 3
- art. 23(2)(g) added by S.R. 2014/230 art. 2
- art. 35(1ZA)-(1ZC) inserted by 2016 c. 11 (N.I.) s. 12(2)
- art. 35(3A) inserted by 2016 c. 11 (N.I.) s. 13(2)
- art. 36(3A) inserted by 2009 c. 25 Sch. 21 para. 92(3)(d)
- art. 36(4A) inserted by 2016 c. 11 (N.I.) s. 14(2)
- art. 37(2A) inserted by 2009 c. 25 Sch. 21 para. 92(4)(c)
- art. 38A(5A) inserted by 2009 c. 25 Sch. 21 para. 92(5)(c)
- art. 38A(6A) inserted by 2009 c. 25 Sch. 21 para. 92(5)(e)
- art. 42(2A) inserted by 2009 c. 25 Sch. 21 para. 92(7)(c)
- art. 42(5) added by S.R. 2016/135 reg. 2(2)
- art. 47(3A) inserted by 2009 c. 25 Sch. 21 para. 92(8)(b)
- art. 47(3B) inserted by 2009 c. 25 Sch. 21 para. 92(8)(c)
- art. 52(2ZA) inserted by 2009 c. 25 Sch. 21 para. 92(9)(b)
- art. 54A inserted by 2016 c. 11 (N.I.) s. 15
- art. 59(2A) inserted by 2016 c. 11 (N.I.) s. 8(2)
- art. 59(4) added by 2016 c. 11 (N.I.) s. 8(3)
- art. 59A-59C inserted by 2016 c. 11 (N.I.) s. 9(1)
- art. 63A(7) added by 2016 c. 11 (N.I.) s. 11(1)(d)
- art. 64B inserted by 2016 c. 11 (N.I.) s. 8(5)
- art. 76(3A)(3B) inserted by 2016 c. 21 (N.I.) Sch. 2 para. 5(3)
Commencement Orders yet to be applied to the The Road Traffic Offenders (Northern Ireland) Order 1996
Commencement Orders bringing legislation that affects this Order into force:
- S.R. 2010/226 art. 2 Sch. commences (S.I. 2007/916 (N.I.))
- S.R. 2010/370 art. 2 Sch. commences (S.I. 2007/916 (N.I.))
- S.R. 2011/286 art. 2 Sch. commences (S.I. 2007/916 (N.I.))
- S.R. 2012/16 art. 2 commences (S.I. 1996/1320 (N.I.))
- S.R. 2012/262 art. 2-6 commences (2010 c. 2 (N.I.))
- S.R. 2012/313 art. 2 Sch. commences (2008 c. 4)
- S.R. 2014/238 art. 2 Sch. commences (2008 c. 4 (N.I.))
- S.R. 2015/284 art. 2 Sch. commences (2011 c. 11 (N.I.))
- S.R. 2015/389 art. 2(3) Sch. Pt. 3 commences (2008 c. 4 (N.I.))
- S.R. 2016/387 art. 2 commences (2015 c. 9 (N.I.))
- S.R. 2017/34 art. 2 commences (2010 c. 14 (N.I.))
- S.R. 2018/99 art. 2(a)-(c) commences (2016 c. 21 (N.I.))
Payment of penaltyN.I.
74.—(1) [F1Where a fixed penalty notice has been given or fixed by a constable or authorised person under this Part, payment of the fixed penalty] must be made to such clerk of petty sessions as may be specified in the fixed penalty notice relating to that penalty.
[F2(1A) Where a fixed penalty notice has been given or fixed by a vehicle examiner, or given by the Department, under this Part, payment of the fixed penalty must be made to the Department.]
(2) Without prejudice to payment by any other method, payment of a fixed penalty under this Part may be made by properly addressing, pre-paying and posting a letter containing the fixed penalty notice and the amount of the penalty and, unless the contrary is proved, shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(3) A letter is properly addressed for the purposes of paragraph (2) if it is addressed to the fixed penalty clerk [F3, or the Department,] at the address specified in the fixed penalty notice relating to the fixed penalty as the address at which the fixed penalty may be paid.
(4) Sums paid by way of a fixed penalty for an offence shall be treated as if they were fines imposed on summary conviction of that offence.
(5) References in this Part (except in Articles 80 to [F482A]), in relation to any fixed penalty or fixed penalty notice, to the fixed penalty clerk are references to the clerk specified in accordance with paragraph (1) in the fixed penalty notice relating to that penalty or (as the case may be) in that fixed penalty notice.
F1Words in art. 74(1) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(5), 16, Sch. 2 para. 12(a); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F2Art. 74(1A) inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(5), 16, Sch. 2 para. 12(b); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F3Words in art. 74(3) inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(5), 16, Sch. 2 para. 12(c); S.R. 2010/370, art. 2(1), Sch. Pt. 1
F4Word in art. 74(5) substituted (14.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(5), 39(6), Sch. 4 para. 19; S.R. 2010/370, art. 2(2), Sch. Pt. II
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