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Change 1
As published
102 Application to the Crown and exemption for police and fire brigade.
(1) Subject to subsection (2) of this section, this Part of this Act shall apply to vehicles and persons in the public service of the Crown.
(2) This Part of this Act shall not apply in the case of motor vehicles owned by the Secretary of State for Defence and used for naval, military or air force purposes or in the case of vehicles so used while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown.
(3) Where an offence under this Part of this Act is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown; and, subject to subsection (3A) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).
(3A) Where a person is convicted of an offence by virtue of subsection (3) above—
(a) no order may be made on his conviction save an order imposing a fine,
(b) payment of any fine imposed on him in respect of that offence may not be enforced against him, and
(c) apart from the imposition of any such fine, the conviction shall be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).
(4) This Part of this Act shall not apply in the case of motor vehicles while being used for police or fire brigade fire and rescue authority purposes or for or in connection with the exercise of any function of the Scottish Fire and Rescue Service or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016).
Your change, as a redline
102 Application to the Crown and exemption for police and fire brigade.
(1) Subject to subsection (2) of this section, this Part of this Act shall apply to vehicles and persons in the public service of the Crown.
(2) This Part of this Act shall not apply in the case of motor vehicles owned by the Secretary of State for Defence and used for naval, military or air force purposes or in the case of vehicles so used while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown.
(3) Where an offence under this Part of this Act is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown; and, subject to subsection (3A) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).
(3A) Where a person is convicted of an offence by virtue of subsection (3) above—
(a) no order may be made on his conviction save an order imposing a fine,
(b) payment of any fine imposed on him in respect of that offence may not be enforced against him, and
(c) apart from the imposition of any such fine, the conviction shall be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).
(4) This Part of this Act shall not apply in the case of motor vehicles while being used for police or fire brigade fire and rescue authority purposes or for or in connection with the exercise of any function of the Scottish Fire and Rescue Service or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016).
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