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United Kingdom Statutory Instruments


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2003 No. 2903 (N.I. 16)

NORTHERN IRELAND

The Road Traffic (Driving Disqualifications) (Northern Ireland) Order 2003

  Made 13th November 2003 
  Coming into operation in accordance with Article 1(2) and (3)


ARRANGEMENT OF ORDER

1. Title and commencement
2. Interpretation
3. Recognition in Northern Ireland of disqualifications in Great Britain etc.
4. Endorsement of counterparts issued to Great Britain licence holders
5. Prohibition on holding or obtaining Northern Ireland and Great Britain licences
6. Disability and prospective disability
7. Consequential amendments and repeals
8. Supplementary and consequential provision

SCHEDULES:

  Schedule 1 Minor and consequential amendments

  Schedule 2 Repeals

At the Court at Buckingham Palace, the 13th day of November 2003

Present,

The Queen's Most Excellent Majesty in Council

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 - 

Endorsement of counterparts issued to Great Britain licence holders
    
4.  - (1) After Article 19E of the Road Traffic (Northern Ireland) Order 1981 (NI 1) there shall be inserted - 

    (2) After Article 92 of the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) there shall be inserted - 

Prohibition on holding or obtaining Northern Ireland and Great Britain licences
    
5.  - (1) The Road Traffic (Northern Ireland) Order 1981 (NI 1) shall be amended as follows.

    (2) In Article 13 (grant of licences) - 

    (3) In Article 15 (duration of licences), after paragraph (5) there shall be inserted - 

    (4) In Article 18 (disqualification to prevent duplication of licences), at the end there shall be inserted - 

Disability and prospective disability
    
6.  - (1) The Road Traffic (Northern Ireland) Order 1981 (NI 1) shall be amended as follows.

    (2) After 19F (as inserted by Article 4 of this Order) there shall be inserted - 

    (3) In Article 10 (revocation of licence because of disability or prospective disability) - 

Consequential amendments and repeals
    
7.  - (1) Schedule 1 (minor and consequential amendments) shall have effect.

    (2) The provisions set out in Schedule 2 are repealed to the extent specified.

Supplementary and consequential provision
    
8.  - (1) The Department may by order, subject to negative resolution, make - 

which it considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Order.

    (2) The provision which may be made under paragraph (1) includes provision amending or repealing any statutory provision.

    (3) In paragraph (2) "statutory provision" has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).


A. K. Galloway
Clerk of the Privy Council


SCHEDULES


SCHEDULE 1
Article 7(1)


MINOR AND CONSEQUENTIAL AMENDMENTS


The Road Traffic (Northern Ireland) Order 1981 (NI 1)

     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) - 

     6. In Article 19C (regulations) - 

     7. In Article 19D (interpretation), in paragraph (1) - 

     8. In Article 19E (provisions as to Great Britain drivers' licences) - 

     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".

     10. In Article 180 (enforcement powers of constable), in paragraph (8) - 

     11. The Road Traffic Offenders (Northern Ireland) Order 1996 shall be amended as follows.

     12. In Article 2 (general interpretation), in paragraph (2) - 

     13. In Article 7 (restriction on institution of proceedings for certain offences), in paragraph (2), after "15D" insert "or 19H".

     14. In Article 28 (interim disqualification), in paragraph (7), for the words from "and 92A(5)" to "licences)" substitute "92ZA(7) and 92(5) of this Order".

     15. In Schedule 1 (prosecution and punishment of offences) - 


The Road Traffic (New Drivers) (Northern Ireland) Order 1998 (NI 7)

     16. The Road Traffic (New Drivers) (Northern Ireland) Order 1998 is amended as follows.

     17. In Article 2 (interpretation), in paragraph (2) at the appropriate place in alphabetical order insert - 

     18. In Article 4 (surrender of licences), at the end insert - 

     19. In Article 5 (revocation of licences) - 

     20. In Article 6 (re-testing) - 

     21. In Article 7 (restoration of licence without re-testing in certain cases) - 

     22. In Article 9 (early termination of probationary period) - 

     23. Schedule 1 (newly qualified drivers holding test certificates) shall be amended as follows.

     24. In paragraph 1, at the end insert - 

     25. In paragraph 2, after sub-paragraph (4) insert - 

     26. In paragraph 5 - 

     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".

     28. In paragraph 8 - 

     29. In paragraph 9 - 

     30. In paragraph 10(a) - 

     31. In paragraph 11 - 



SCHEDULE 2
Article 7(2)


REPEALS


Short Title Extent of repeal
The Road Traffic (Northern Ireland) Order 1981 (NI 1). In Article 19D(1), in the definition of "counterpart", the "and" at the end of sub-paragraph (a).
     In Article 19E,

    in paragraph (2), sub-paragraph (b) and the "and" preceding it,

paragraphs (3) to (5).

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10). In Schedule 1, the entry relating to Article 19E of the Road Traffic (Northern Ireland) Order 1981.



EXPLANATORY NOTE

(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


  Prepared 21 November 2003


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