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Road Traffic Offenders Act 1988

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This is the original version (as it was originally enacted).

28Penalty points to be attributed to an offence

(1)Where a person is convicted of an offence involving obligatory or discretionary disqualification, the number of penalty points to be attributed to the offence, subject to subsection (2) below, is—

(a)in the case of an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule, the number shown against the provision or offence in the last column or, where a range of numbers is so shown, a number falling within the range, and

(b)in the case of an offence committed by aiding, abetting, counselling or procuring, or inciting to the commission of, an offence involving obligatory disqualification, ten penalty points.

(2)Where a person is convicted of two or more such offences, the number of penalty points to be attributed to those of them that were committed on the same occasion is the number or highest number that would be attributed on a conviction of one of them.

(3)The Secretary of State may by order made by statutory instrument—

(a)alter the number of penalty points shown in subsection (1)(b) above or against a provision or offence specified in that Schedule or, where a range of numbers is shown, alter that range, and

(b)provide for different numbers to be so shown in respect of the same offence committed in different circumstances;

but no such order shall be made unless a draft of it has been laid before Parliament and approved by resolution of each House of Parliament.

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