SCHEDULE 2Amendments to Legislation

Article 3

PART 1Primary Legislation

The Public Passenger Vehicles Act 19811

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 19882

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 19883

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 19964

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 19975

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 20036

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 20097

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 19818

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 19929

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) 199610

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 199911

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 200512

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 200713

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 200714

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 200915

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 201116

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 201217

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