(1) This section applies where the Lord Advocate receives a request from an authority mentioned in subsection (2) for account information to be obtained in relation to an investigation in a participating country into criminal conduct.
(2) The authority referred to in subsection (1) is the authority in that country which appears to the Lord Advocate to have the function of making requests of the kind to which this section applies.
(3) The Lord Advocate may direct a procurator fiscal to apply for an account monitoring order.
(4) An account monitoring order is an order made by a sheriff that a financial institution specified in the application for the order must, for the period stated in the order, provide account information of the description specified in the order to the applicant in the manner, and at or by the time or times, stated in the order.
(5) Account information is information relating to an account or accounts held at the financial institution specified in the application by the person so specified (whether solely or jointly with another).
(6) An account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed).
(7) Account information obtained in pursuance of an account monitoring order is to be given to the Lord Advocate and sent by him to the authority which made the request.
41 Making, varying or discharging account monitoring orders
(1) A sheriff may make an account monitoring order, on an application made to him in pursuance of a direction under section 40(3), if he is satisfied that—
(a) there is an investigation in the country in question into criminal conduct, and
(b) the order is sought for the purposes of the investigation.
(2) The application may be made ex parte to a sheriff in chambers.
(3) The application may specify information relating to—
(a) all accounts held by the person specified in the application for the order at the financial institution so specified,
(b) a particular description, or particular descriptions, of accounts so held, or
(c) a particular account, or particular accounts, so held.
(4) The court may discharge or vary an account monitoring order on an application made by the procurator fiscal.
(5) Section 409 of the Proceeds of Crime Act 2002 (c. 29) (jurisdiction of sheriff) has effect for the purposes of this section as if this section were included in Chapter 3 of Part 8 of that Act.
(1) This section applies where—
(a) a financial institution is specified in a customer information order or account monitoring order made in any part of the United Kingdom, or
(b) the Secretary of State or the Lord Advocate receives a request under section 13 for evidence to be obtained from a financial institution in connection with the investigation of an offence ....
(2) If the institution, or an employee of the institution, discloses any of the following information, the institution or (as the case may be) the employee is guilty of an offence.
(3) That information is—
(a) that the request to obtain customer information or account information, or the request mentioned in subsection (1)(b), has been received,
(b) that the investigation to which the request relates is being carried out, or
(c) that, in pursuance of the request, information has been given to the authority which made the request.
(4) An institution guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum,
(b) on conviction on indictment, to a fine.
(5) Any other person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both,
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
(1) If it appears to a judicial authority in the United Kingdom, on an application made by a prosecuting authority, that—
(a) a person is subject to an investigation in the United Kingdom into serious criminal conduct,
(b) the person holds, or may hold, an account at a bank which is situated in a participating country, and
(c) the information which the applicant seeks to obtain is likely to be of substantial value for the purposes of the investigation,
the judicial authority may request assistance under this section.
(2) The judicial authorities are—
(a) in relation to England and Wales, any judge or justice of the peace,
(b) in relation to Scotland, any sheriff,
(c) in relation to Northern Ireland, any judge or resident magistrate.
(3) If it appears to a prosecuting authority mentioned in subsection (4) that paragraphs (a) to (c) of subsection (1) are met, the authority may itself request assistance under this section.
(4) The prosecuting authorities are—
(a) in relation to England and Wales and Northern Ireland, a prosecuting authority designated by an order made by the Secretary of State,
(b) in relation to Scotland, the Lord Advocate or a procurator fiscal.
(5) The assistance that may be requested under this section is any assistance in obtaining from a participating country one or more of the following—
(a) information as to whether the person in question holds any accounts at any banks situated in the participating country,
(b) details of any such accounts,
(c) details of transactions carried out in any period specified in the request in respect of any such accounts.
(6) A request for assistance under this section must—
(a) state the grounds on which the authority making the request thinks that the person in question may hold any account at a bank which is situated in a participating country and (if possible) specify the bank or banks in question,
(b) state the grounds on which the authority making the request considers that the information sought to be obtained is likely to be of substantial value for the purposes of the investigation, and
(c) include any information which may facilitate compliance with the request.
(7) For the purposes of this section, a person holds an account if—
(a) the account is in his name or is held for his benefit, or
(b) he has a power of attorney in respect of the account.
In relation to Scotland, a power of attorney includes a factory and commission.
(1) If it appears to a judicial authority in the United Kingdom, on an application made by a prosecuting authority, that the information which the applicant seeks to obtain is relevant to an investigation in the United Kingdom into criminal conduct, the judicial authority may request assistance under this section.
(2) The judicial authorities are—
(a) in relation to England and Wales, any judge or justice of the peace,
(b) in relation to Scotland, any sheriff,
(c) in relation to Northern Ireland, any judge or resident magistrate.
(3) If it appears to a prosecuting authority mentioned in subsection (4) that the information which it seeks to obtain is relevant to an investigation into criminal conduct, the authority may itself request assistance under this section.
(4) The prosecuting authorities are—
(a) in relation to England and Wales and Northern Ireland, a prosecuting authority designated by an order made by the Secretary of State,
(b) in relation to Scotland, the Lord Advocate or a procurator fiscal.
(5) The assistance that may be requested under this section is any assistance in obtaining from a participating country details of transactions to be carried out in any period specified in the request in respect of any accounts at banks situated in that country.
(1) A request for assistance under section 43 or 44, other than one to which subsection (3) or (4) applies, is to be sent to the Secretary of State for forwarding—
(a) to a court specified in the request and exercising jurisdiction in the place where the information is to be obtained, or
(b) to any authority recognised by the participating country in question as the appropriate authority for receiving requests for assistance of the kind to which this section applies.
(2) But in cases of urgency the request may be sent to a court referred to in subsection (1)(a).
(3) Such a request for assistance by the Lord Advocate is to be sent to a court or authority mentioned in subsection (1)(a) or (b).
(4) Such a request for assistance by a sheriff or a procurator fiscal is to be sent to such a court or authority, or to the Lord Advocate for forwarding to such a court or authority.
(1) In this Chapter—
“the court” means the Crown Court or, in Scotland, the sheriff,
“senior police officer” means a police officer who is not below the rank of superintendent and “senior customs officer” means a customs officer who is not below the grade designated by the Commissioners of Customs and Excise as equivalent to that rank.
(2) The following provisions apply for the purposes of this Chapter.
(3) Serious criminal conduct means conduct which constitutes—
(a) an offence to which paragraph 3 of Article 1 (request for information on bank accounts) of the 2001 Protocol applies, or
(b) an offence specified in an order made by the Secretary of State or, in relation to Scotland, the Scottish Ministers for the purpose of giving effect to any decision of the Council of the European Union under paragraph 6 of that Article.
(4) A financial institution—
(a) means a person who is carrying on business in the regulated sector, and
(b) in relation to a customer information order or an account monitoring order, includes a person who was carrying on business in the regulated sector at a time which is the time to which any requirement for him to provide information under the order is to relate.
“Business in the regulated sector” is to be interpreted in accordance with Schedule 9 to the Proceeds of Crime Act 2002 (c. 29).
(5) A judge means—
(a) in relation to England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court,
(b) in relation to Northern Ireland, a Crown Court judge.
47 Transfer of UK prisoner to assist investigation abroad
(1) The Secretary of State may pursuant to an agreement with the competent authority of a participating country issue a warrant providing for any person to whom this section applies (“a prisoner”) to be transferred to that country for the purpose of assisting there in the investigation of an offence.
The offence must be one which was or may have been committed in the United Kingdom.
(2) This section applies to a person—
(a) serving a sentence in a prison,
(b) in custody awaiting trial or sentence, or
(c) committed to prison for default in paying a fine.
(3) But, in relation to transfer from Scotland—
(a) this section applies to any person detained in custody,
(b) references in this section to the Secretary of State are to be read as references to the Scottish Ministers.
(4) A warrant may be issued in respect of a prisoner under subsection (1) only if—
(a) the prisoner, or
(b) in the circumstances mentioned in subsection (5), a person appearing to the Secretary of State to be an appropriate person to act on the prisoner’s behalf,
has made a written statement consenting to his being transferred for the purpose mentioned in subsection (1).
(5) The circumstances are those in which it appears to the Secretary of State to be inappropriate for the prisoner to act for himself, by reason of his physical or mental condition or his youth.
(6) Such consent cannot be withdrawn after the issue of the warrant.
(7) A warrant under this section authorises—
(a) the taking of the prisoner to a place in the United Kingdom and his delivery at a place of departure from the United Kingdom into the custody of a person representing the appropriate authority of the participating country to which the prisoner is to be transferred, and
(b) the bringing of the prisoner back to the United Kingdom and his transfer in custody to the place where he is liable to be detained under the sentence or order to which he is subject.
(8) References to a prison in this section include any other institution to which the Prison Act 1952 (c. 52), the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)) or Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/ 1504 (N.I.9)) applies.
(9) Subsections (4) to (8) of section 5 of the 1990 Act (transfer of UK prisoner to give evidence or assist investigation overseas) have effect in relation to a warrant issued under this section as they have effect in relation to a warrant issued under that section.
48 Transfer of EU etc. prisoner to assist UK investigation
(1) The Secretary of State may pursuant to an agreement with the competent authority of a participating country issue a warrant providing for any person to whom this section applies (“the overseas prisoner”) to be transferred to the United Kingdom for the purpose of assisting in the investigation of an offence.
The offence must be one which was or may have been committed in the participating country.
(2) This section applies to a person who is detained in custody in a participating country—
(a) by virtue of a sentence or order of a court exercising criminal jurisdiction there, or
(b) in consequence of —
(a) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;
(b) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory.
(3) But, in relation to transfer to Scotland—
(a) this section applies to any person who is detained in custody in a participating country,
(b) the reference in subsection (1) to the Secretary of State is to be read as a reference to the Scottish Ministers.
(4) A warrant may be issued in respect of an overseas prisoner under subsection (1) only if the competent authority provides a written statement made by the prisoner consenting to his being transferred for the purpose mentioned in that subsection.
(5) Such consent cannot be withdrawn after the issue of the warrant.
(6) A warrant under this section authorises—
(a) the bringing of the prisoner to the United Kingdom,
(b) the taking of the prisoner to, and his detention in custody at, any place or places in the United Kingdom specified in the warrant,
(c) the returning of the prisoner to the country from which he has come.
(7) Subsections (4) to (8) of section 5 of the 1990 Act have effect in relation to a warrant issued under this section as they have effect in relation to a warrant issued under that section.
(8) A person is not subject to the Immigration Act 1971 (c. 77) in respect of his entry into or presence in the United Kingdom pursuant to a warrant under this section; but if the warrant ceases to have effect while he is still in the United Kingdom—
(a) he is to be treated for the purposes of that Act as if he has then illegally entered the United Kingdom, and
(b) the provisions of Schedule 2 to that Act have effect accordingly except that paragraph 20(1) (liability of carrier for expenses of custody etc. of illegal entrant) does not have effect in relation to directions for his removal given by virtue of this subsection.
(1) Provision may be made by rules of court as to the practice and procedure to be followed in connection with proceedings under this Part.
(2) Rules of court made under this section by the High Court in Scotland are to be made by Act of Adjournal.
(3) The power to make rules of court under this section does not prejudice any existing power to make rules.
(1) Any power to make an order conferred by this Part on the Secretary of State, the Treasury or the Scottish Ministers is exercisable by statutory instrument.
(1A) Any power to make an order conferred by this Part on the Department of Justice in Northern Ireland is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(2) An order made under this Part by the Secretary of State, the Treasury, the Scottish Ministers or the Department of Justice may make different provision for different purposes.
(3) A statutory instrument (other than an instrument to which subsection (5) applies) containing an order made by the Secretary of State or the Treasury is to be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) A statutory instrument (other than an instrument to which subsection (5) applies) containing an order made by the Scottish Ministers is to be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(5) A statutory instrument containing an order under section 51(2)(b) ... is not to be made unless—
(a) in the case of an order to be made by the Secretary of State, a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament,
(b) in the case of an order to be made by the Scottish Ministers, a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
(6) An order made by the Department of Justice is to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
(1) In this Part—
“the 1990 Act” means the Criminal Justice (International Co-operation) Act 1990 (c. 5),
...
“administrative proceedings” means proceedings outside the United Kingdom to which Article 3(1) of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 applies (proceedings brought by administrative authorities in respect of administrative offences where a decision in the proceedings may be the subject of an appeal before a court),
“chief officer of police”—
in relation to any area in Scotland, means the chief constable of the Police Service of Scotland ,
in relation to any area in Northern Ireland, means the Chief Constable of the Police Service of Northern Ireland,
“clemency proceedings” means proceedings in a country outside the United Kingdom, not being proceedings before a court exercising criminal jurisdiction, for the removal or reduction of a penalty imposed on conviction of an offence,
“country” includes territory,
“court” includes a tribunal,
“criminal proceedings” include criminal proceedings outside the United Kingdom in which a civil order may be made,
“customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2),
“evidence” includes information in any form and articles, and giving evidence includes answering a question or producing any information or article,
...
...
(2) A participating country, in relation to any provision of this Part, means—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) any ... country designated by an order made by the Secretary of State or, in relation to Scotland, the Scottish Ministers.
(3) In this Part, “process”, in relation to England and Wales and Northern Ireland, means any summons or order issued or made by a court and includes—
(a) any other document issued or made by a court for service on parties or witnesses,
(b) any document issued by a prosecuting authority outside the United Kingdom for the purposes of criminal proceedings.
(4) In this Part, “process”, in relation to service in Scotland, means a citation by a court or by a prosecuting authority, or an order made by a court, and includes any other document issued or made as mentioned in subsection (3)(a) or (b).
After section 63 of the Terrorism Act 2000 (c. 11) there is inserted—
Extra-territorial jurisdiction for other terrorist offences etc.
Other terrorist offences under this Act: jurisdiction
63A (1) If—
(a) a United Kingdom national or a United Kingdom resident does anything outside the United Kingdom, and
(b) his action, if done in any part of the United Kingdom, would have constituted an offence under section 54 or any of sections 56 to 61,
he shall be guilty in that part of the United Kingdom of the offence.
(2) For the purposes of this section and sections 63B and 63C a “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.
(3) For the purposes of this section and sections 63B and 63C a “United Kingdom resident” means an individual who is resident in the United Kingdom.
Terrorist attacks abroad by UK nationals or residents: jurisdiction
63B (1) If—
(a) a United Kingdom national or a United Kingdom resident does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, and
(b) his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2),
he shall be guilty in that part of the United Kingdom of the offence.
(2) These are the offences—
(a) murder, manslaughter, culpable homicide, rape, assault causing injury, assault to injury, kidnapping, abduction or false imprisonment,
(b) an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or 64 of the Offences against the Person Act 1861,
(c) an offence under any of sections 1 to 5 of the Forgery and Counterfeiting Act 1981,
(d) the uttering of a forged document or an offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995,
(e) an offence under section 1 or 2 of the Criminal Damage Act 1971,
(f) an offence under Article 3 or 4 of the Criminal Damage (Northern Ireland) Order 1977,
(g) malicious mischief,
(h) wilful fire-raising.
Terrorist attacks abroad on UK nationals, residents and diplomatic staff etc: jurisdiction
63C (1) If—
(a) a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism,
(b) his action is done to, or in relation to, a United Kingdom national, a United Kingdom resident or a protected person, and
(c) his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2),
he shall be guilty in that part of the United Kingdom of the offence.
(2) These are the offences—
(a) murder, manslaughter, culpable homicide, rape, assault causing injury, assault to injury, kidnapping, abduction or false imprisonment,
(b) an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or 64 of the Offences against the Person Act 1861,
(c) an offence under section 1, 2, 3, 4 or 5(1) or (3) of the Forgery and Counterfeiting Act 1981,
(d) the uttering of a forged document or an offence under section 46A(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.
(3) For the purposes of this section and section 63D a person is a protected person if—
(a) he is a member of a United Kingdom diplomatic mission within the meaning of Article 1(b) of the Vienna Convention on Diplomatic Relations signed in 1961 (as that Article has effect in the United Kingdom by virtue of section 2 of and Schedule 1 to the Diplomatic Privileges Act 1964),
(b) he is a member of a United Kingdom consular post within the meaning of Article 1(g) of the Vienna Convention on Consular Relations signed in 1963 (as that Article has effect in the United Kingdom by virtue of section 1 of and Schedule 1 to the Consular Relations Act 1968),
(c) he carries out any functions for the purposes of the European Agency for the Evaluation of Medicinal Products, or
(d) he carries out any functions for the purposes of a body specified in an order made by the Secretary of State.
(4) The Secretary of State may specify a body under subsection (3)(d) only if—
(a) it is established by or under the Treaty establishing the European Community or the Treaty on European Union, and
(b) the principal place in which its functions are carried out is a place in the United Kingdom.
(5) If in any proceedings a question arises as to whether a person is or was a protected person, a certificate—
(a) issued by or under the authority of the Secretary of State, and
(b) stating any fact relating to the question,
is to be conclusive evidence of that fact.
Terrorist attacks or threats abroad in connection with UK diplomatic premises etc: jurisdiction
63D (1) If—
(a) a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism,
(b) his action is done in connection with an attack on relevant premises or on a vehicle ordinarily used by a protected person,
(c) the attack is made when a protected person is on or in the premises or vehicle, and
(d) his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2),
he shall be guilty in that part of the United Kingdom of the offence.
(2) These are the offences—
(a) an offence under section 1 of the Criminal Damage Act 1971,
(b) an offence under Article 3 of the Criminal Damage (Northern Ireland) Order 1977,
(c) malicious mischief,
(d) wilful fire-raising.
(3) If—
(a) a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism,
(b) his action consists of a threat of an attack on relevant premises or on a vehicle ordinarily used by a protected person,
(c) the attack is threatened to be made when a protected person is, or is likely to be, on or in the premises or vehicle, and
(d) his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (4),
he shall be guilty in that part of the United Kingdom of the offence.
(4) These are the offences—
(a) an offence under section 2 of the Criminal Damage Act 1971,
(b) an offence under Article 4 of the Criminal Damage (Northern Ireland) Order 1977,
(c) breach of the peace (in relation to Scotland only).
(5) “Relevant premises” means—
(a) premises at which a protected person resides or is staying, or
(b) premises which a protected person uses for the purpose of carrying out his functions as such a person.
Sections 63B to 63D: supplementary
63E (1) Proceedings for an offence which (disregarding the Acts listed in subsection (2)) would not be an offence apart from section 63B, 63C or 63D are not to be started—
(a) in England and Wales, except by or with the consent of the Attorney General,
(b) in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland.
(2) These are the Acts—
(a) the Internationally Protected Persons Act 1978,
(b) the Suppression of Terrorism Act 1978,
(c) the Nuclear Material (Offences) Act 1983,
(d) the United Nations Personnel Act 1997.
(3) For the purposes of sections 63C and 63D it is immaterial whether a person knows that another person is a United Kingdom national, a United Kingdom resident or a protected person.
(4) In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (1)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
53 Jurisdiction for offence under section 113 of the Anti-terrorism, Crime and Security Act 2001
After section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use of noxious substances or things to cause harm and intimidate) there is inserted—
Application of section 113
113A (1) Section 113 applies to conduct done—
(a) in the United Kingdom; or
(b) outside the United Kingdom which satisfies the following two conditions.
(2) The first condition is that the conduct is done for the purpose of advancing a political, religious or ideological cause.
(3) The second condition is that the conduct is—
(a) by a United Kingdom national or a United Kingdom resident;
(b) by any person done to, or in relation to, a United Kingdom national, a United Kingdom resident or a protected person; or
(c) by any person done in circumstances which fall within section 63D(1)(b) and (c) or (3)(b) and (c) of the Terrorism Act 2000.
(4) The following expressions have the same meaning as they have for the purposes of sections 63C and 63D of that Act—
(a) “United Kingdom national”;
(b) “United Kingdom resident”;
(c) “protected person”.
(5) For the purposes of this section it is immaterial whether a person knows that another is a United Kingdom national, a United Kingdom resident or a protected person.
Consent to prosecution for offence under section 113
113B (1) Proceedings for an offence committed under section 113 outside the United Kingdom are not to be started—
(a) in England and Wales, except by or with the consent of the Attorney General;
(b) in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland.
(2) Proceedings for an offence committed under section 113 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of the United Kingdom.
(3) In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (1)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
(1) Section 55 applies where—
(a) an individual (“the offender”) is convicted of a qualifying UK road traffic offence,
(aa) when convicted, the offender—
(i) is normally resident in the Republic of Ireland, or
(ii) is not normally resident in the Republic of Ireland but holds a Republic of Ireland licence,
(b) no appeal is outstanding in relation to the offence, and
(c) the driving disqualification condition is met in relation to the offence.
(1A) A qualifying UK road traffic offence is—
(a) an offence under the law of England and Wales or Scotland mentioned in Schedule 3;
(b) an offence under the law of Northern Ireland mentioned in Schedule 3A.
(2) The driving disqualification condition is met—
(a) in relation to an offence mentioned in Part 1 of Schedule 3 or Part 1 of Schedule 3A, if an order of disqualification is made in respect of the offence,
(b) in relation to an offence mentioned in Part 2 of Schedule 3 or Part 2 of Schedule 3A, if an order of disqualification for a period not less than the minimum period is made in respect of the offence.
(3) The minimum period is—
(a) for an offence mentioned in Part 2 of Schedule 3 in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;
(b) for an offence mentioned in Part 2 of Schedule 3A in relation to which the Department has by regulations specified a period of less than six months, that period;
(c) for any other offence, a period of six months.
(3A) When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3 is not less than the minimum period, an extension period imposed under any of the following is to be disregarded—
(a) section 35A or 35C of the Road Traffic Offenders Act 1988;
(b) section 248D of the Criminal Procedure (Scotland) Act 1995;
(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 or section 166 of the Sentencing Code.
(3B) When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3A is not less than the minimum period, an extension period imposed under any of the following is to be disregarded—
(a) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6));
(b) Article 40A of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10));
(c) Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).
(4) Section 55 does not apply in prescribed circumstances.
(5) For the purposes of this section no appeal is outstanding in relation to an offence if—
(a) no appeal is brought against an offender’s conviction of the offence, or any order made on his conviction, within the time allowed for making such appeals, or
(b) such an appeal is brought and the proceedings on appeal are finally concluded.
(6) The Secretary of State may by regulations amend Schedule 3.
(7) The Department may by regulations amend Schedule 3A.
55 Duty to give notice to Republic of Ireland of UK driving disqualification
(1) Where this section applies, the appropriate Minister must give the central authority of the Republic of Ireland a notice under this section.
(2) A notice under this section must—
(a) give the name, address and date of birth of the offender,
(b) give particulars of the offence,
(c) state that no appeal is outstanding in relation to it,
(d) give particulars of the disqualification,
(e) state whether or not the offender took part in the proceedings in which the disqualification was imposed,
(f) state that the offender has been informed that any decision made for the purposes of the specified agreement on driving disqualifications will have no effect on the disqualification.
(3) A notice under this section may contain such other information as the appropriate Minister considers appropriate.
(4) A notice under this section must be accompanied by the original or a certified copy of the order of disqualification.
(5) Where the offender did not take part in the proceedings mentioned in subsection (2)(e), a notice under this section must also be accompanied by evidence that the offender was duly notified of those proceedings.
(6) Where the offender is the holder of a Community licence, a notice under this section must also be accompanied by the licence unless it has been returned to the driver—
(a) under section 91A(7A)(b) of the Road Traffic Offenders Act 1988 (c. 53), or
(b) under Article 92A(7)(b)(ii) of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).
(7) Where the period of disqualification is reduced by virtue of section 34A of that Act or Article 36 of that Order, the appropriate Minister must give the central authority particulars of the reduction.
(8) Where the disqualification is removed by an order under section 42 of that Act or Article 47 of that Order, the appropriate Minister must give the central authority particulars of the removal.
(9) The appropriate Minister must provide—
(a) the central authority, or
(b) the competent authority of the Republic of Ireland,
with any further information which it requires for the purposes of the specified agreement on driving disqualifications.
(1) Section 57 applies where—
(a) an individual (“the offender”) is convicted in the Republic of Ireland of an offence described in Schedule 3B,
(aa) when convicted, the offender—
(i) is normally resident in the United Kingdom, or
(ii) is not normally resident in the United Kingdom but holds a Great Britain licence or a Northern Ireland licence,
(b) no appeal is outstanding in relation to the offence,
(c) the driving disqualification condition is met in relation to the offence, and
(d) the offender was duly notified of the proceedings (“the relevant proceedings”) in which the disqualification was imposed and was entitled to take part in them.
(2) The driving disqualification condition is met—
(a) in relation to an offence mentioned in Part 1 of Schedule 3B, if the offender is disqualified in the Republic of Ireland as a result of the offence;
(b) in relation to an offence mentioned in Part 2 of that Schedule, if the offender is disqualified in the Republic of Ireland for a period not less than the minimum period as a result of the offence.
(3) For the purposes of this section an offender is disqualified in the Republic of Ireland if he is disqualified there for holding or obtaining a licence to drive a motor vehicle granted under the law of the Republic of Ireland (however the disqualification is described under that law).
(4) The minimum period is—
(a) for an offence in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;
(b) for any other offence, a period of six months.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Section 57 does not apply if the relevant proceedings were brought later than the time at which summary proceedings for any corresponding offence under the law of the relevant part of the United Kingdom could have been brought.
(6A) In subsection (6), “the relevant part of the United Kingdom” means—
(a) where the offender was normally resident in the United Kingdom when convicted, the part of the United Kingdom in which the offender was normally resident at that time;
(b) where the offender was not normally resident in the United Kingdom when convicted but held a Great Britain licence or a Northern Ireland licence, the part of the United Kingdom in which the offender was last normally resident before conviction.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The appropriate Minister may make regulations about when offences under the law of a part of the United Kingdom are to be treated for the purposes of this section as corresponding to offences under the law of the Republic of Ireland.
(9) For the purposes of this section no appeal is outstanding in relation to an offence if—
(a) no appeal is brought against an offender’s conviction of the offence, or any decision made as a result of his conviction, within the time allowed for making such appeals, or
(b) such an appeal is brought and the proceedings on appeal are finally concluded.
(10) The Secretary of State may by regulations amend Schedule 3B.
57 Recognition in United Kingdom of Republic of Ireland driving disqualification
(1) Where this section applies, the appropriate Minister—
(a) must give the offender a notice under this section if the unexpired period of the Republic of Ireland disqualification is not less than three months, and
(b) may give him a notice under this section if that period is less than three months.
(2) The unexpired period of the Republic of Ireland disqualification is—
(a) the period of the Republic of Ireland disqualification, less
(b) any period of that disqualification which is treated by regulations made by the appropriate Minister as having been served in the Republic of Ireland .
(3) The provision which may be made by regulations under subsection (2)(b) includes provision for treating any period during which a central authority or competent authority of the Republic of Ireland has seized a licence without returning it as a period which has been served there.
(4) If the appropriate Minister gives the offender a notice under this section, the offender is disqualified in each part of the United Kingdom—
(a) for the relevant period, and
(b) if the Republic of Ireland disqualification is also effective until a condition is satisfied, until the condition or a corresponding prescribed condition is satisfied.
(5) The relevant period is the period which—
(a) begins at the end of the period of 21 days beginning with the day on which the notice is given, and
(b) is equal to the unexpired period of the Republic of Ireland disqualification.
(6) But if the Republic of Ireland disqualification is at any time removed otherwise than in prescribed circumstances, the offender ceases to be disqualified in each part of the United Kingdom from that time.
(7) The appropriate Minister may make regulations substituting a longer period for the period for the time being mentioned in subsection (5)(a).
(8) Where the Republic of Ireland disqualification is for life—
(a) the condition in subsection (1)(a) is to be treated as satisfied, and
(b) the other references in this section and section 58 to the unexpired period of the Republic of Ireland disqualification are to be read as references to a disqualification for life.
(1) A notice under section 57 must—
(a) give particulars of the offence in respect of which the Republic of Ireland disqualification was imposed and the period of that disqualification,
(b) state that the offender is disqualified in each part of the United Kingdom for a period equal to the unexpired period of the Republic of Ireland disqualification,
(c) state the date from which, and period for which, he is disqualified,
(d) give particulars of any relevant condition mentioned in section 57(4)(b),
(e) give details of his right to appeal under section 59.
(2) A notice under section 57 must be in writing.
(3) A notice under section 57 may contain such other information as the appropriate Minister considers appropriate.
(1) A person who is disqualified by virtue of section 57 may, after giving notice to the appropriate Minister of his intention to do so, appeal to the appropriate court against the disqualification.
(2) The appropriate court is—
(a) in relation to England and Wales, a magistrates' court ...,
(b) in relation to Scotland, the sheriff within whose jurisdiction the applicant resides,
(c) in relation to Northern Ireland, a court of summary jurisdiction ....
(3) The appeal must be made before the end of the period of 21 days beginning with the day on which the notice under section 57 is given to the applicant.
(4) But the appropriate Minister may make regulations substituting a longer period for the period for the time being mentioned in subsection (3).
(5) If the appropriate court is satisfied that section 57 does not apply to the applicant’s case, it must allow the appeal.
(6) Otherwise it must dismiss the appeal.
(7) Where on an appeal against the disqualification the appeal is allowed, the court by which the appeal is allowed must send notice of that fact to the appropriate Minister.
(8) The notice must—
(a) be sent in such manner and to such address, and
(b) contain such particulars,
as the appropriate Minister may determine.
60 Power of appellate courts in England and Wales to suspend disqualification
(1) This section applies where a person is disqualified by virtue of section 57.
(2) Where the person appeals to a magistrates' court against the disqualification, the court may, if it thinks fit, suspend the disqualification.
(3) Where the person makes an application in respect of the decision of the court under section 111 of the Magistrates' Courts Act 1980 (c. 43) (statement of case), the High Court may, if it thinks fit, suspend the disqualification.
(4) Where the person has appealed, or applied for leave to appeal, to the Supreme Court under section 1 of the Administration of Justice Act 1960 (c. 65) from any decision of the High Court which is material to the disqualification, the High Court may, if it thinks fit, suspend the disqualification.
(5) Any power of a court under this section to suspend the disqualification is a power to do so on such terms as the court thinks fit.
(6) Where, by virtue of this section, a court suspends the disqualification, it must send notice of the suspension to the Secretary of State.
(7) The notice must—
(a) be sent in such manner and to such address, and
(b) contain such particulars,
as the Secretary of State may determine.
61 Power of appellate courts in Scotland to suspend disqualification
(1) This section applies where a person is disqualified by virtue of section 57.
(2) Where the person appeals to the sheriff against the disqualification, the sheriff may, if he thinks fit, suspend the disqualification on such terms as he thinks fit.
(3) Where the person appeals to the High Court of Justiciary from any decision of the sheriff, the court may, if it thinks fit, suspend the disqualification on such terms as it thinks fit.
The power conferred by this subsection may be exercised by a single judge of the court.
(4) Where, by virtue of this section, a court suspends the disqualification, it must send notice of the suspension to the Secretary of State.
(5) The notice must—
(a) be sent in such manner and to such address, and
(b) contain such particulars,
as the Secretary of State may determine.
62 Power of appellate courts in Northern Ireland to suspend disqualification
(1) This section applies where a person is disqualified by virtue of section 57.
(2) Where the person appeals to a court of summary jurisdiction against the disqualification, the court may, if it thinks fit, suspend the disqualification.
(3) Where the person makes an application in respect of the decision of the court under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26)) (statement of case), the Court of Appeal may, if it thinks fit, suspend the disqualification.
(4) Where the person has appealed, or applied for leave to appeal, to the Supreme Court under section 41 of the Judicature (Northern Ireland) Act 1978 (c. 23) from any decision of the Court of Appeal which is material to the disqualification, the Court of Appeal may, if it thinks fit, suspend the disqualification.
(5) Any power of a court under this section to suspend the disqualification is a power to do so on such terms as the court thinks fit.
(6) Where, by virtue of this section, a court suspends the disqualification, it must send notice of the suspension to the Department.
(7) The notice must—
(a) be sent in such manner and to such address, and
(b) contain such particulars,
as the Department may determine.
(1) A person who—
(a) is given a notice under section 57 by the Secretary of State, and
(b) is the holder of a licence,
must deliver his licence ... to the Secretary of State before the end of the period of 21 days beginning with the day on which the notice is given.
(2) The Secretary of State may make regulations substituting a longer period for the period for the time being mentioned in subsection (1).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Receipt” means a receipt issued under section 56 of the Road Traffic Offenders Act 1988 (c. 53).
(4) Subsection (1) does not apply if the competent authority of the Republic of Ireland or the Department —
(a) has the licence ... , or
(b) has delivered it to the Secretary of State.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If the holder of a licence does not deliver his licence ... to the Secretary of State as required by subsection (1), he is guilty of an offence.
(7) A person is not guilty of an offence under subsection (6) if he satisfies the court that he has applied for a new licence and has not received it.
...
(8) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) “Licence” means a Great Britain licence, a Northern Ireland licence or a Community licence.
(1) A person who—
(a) is given a notice under section 57 by the Department, and
(b) is the holder of a licence,
must deliver his licence and its counterpart to the Department before the end of the period of 21 days beginning with the day on which the notice is given.
(2) The Department may make regulations substituting a longer period for the period for the time being mentioned in subsection (1).
(3) If—
(a) a person delivers a current receipt for his licence and its counterpart to the Department within the period for the time being mentioned in subsection (1), and
(b) on the return of his licence and its counterpart immediately delivers them to the Department,
the duty under subsection (1) is to be taken as satisfied.
“Receipt” means a receipt issued under Article 62 of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).
(4) Subsection (1) does not apply if the competent authority of the Republic of Ireland or the Secretary of State —
(a) has the licence and its counterpart, or
(b) has delivered them to the Department.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If the holder of a licence does not deliver his licence and its counterpart to the Department as required by subsection (1), he is guilty of an offence.
(7) A person is not guilty of an offence under subsection (6) if he satisfies the court that he has applied for a new licence and has not received it.
In relation to the holder of a Great Britain licence or Community licence, a new licence includes the counterpart of such a licence.
(8) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) “Licence” means a Northern Ireland licence, a Great Britain licence or a Community licence.
65 Production of licence: Community licence holders
(1) This section applies where—
(a) the holder of a Community licence is disqualified by virtue of section 57, and
(b) the licence is sent to the Secretary of State or the Department under section 63 or 64.
(2) The Secretary of State or (as the case may be) the Department must send—
(a) the holder’s name and address, and
(b) particulars of the disqualification,
to the licensing authority in the EEA State in respect of which the licence was issued.
(3) But subsection (2) does not apply if the EEA State is the Republic of Ireland.
(4) The Secretary of State or (as the case may be) the Department must return the licence to the holder—
(a) on the expiry of the relevant period of the disqualification (within the meaning of section 57), or
(b) if earlier, on being satisfied that the holder has left Great Britain or (as the case may be) Northern Ireland and is no longer normally resident there.
(5) But subsection (4) does not apply at any time where—
(a) the Secretary of State or the Department would otherwise be under a duty under paragraph (a) of that subsection to return the licence, and
(b) the holder would not at that time be authorised by virtue of section 99A(1) of the Road Traffic Act 1988 (c. 52) or Article 15A(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)) to drive in Great Britain or Northern Ireland a motor vehicle of any class.
(6) In that case the Secretary of State or (as the case may be) the Department must—
(a) send the licence to the licensing authority in the EEA State in respect of which it was issued, and
(b) explain to that authority the reasons for so doing.
(7) “EEA State” has the same meaning as in Part 3 of the Road Traffic Act 1988.
66 Effect of disqualification by virtue of section 57
Where the holder of a Great Britain licence or Northern Ireland licence is disqualified by virtue of section 57, the licence is to be treated as revoked with effect from the beginning of the period of disqualification.
67 Rule for determining end of period of disqualification
In determining the expiration of the period for which a person is disqualified by virtue of section 57, any time during which—
(a) the disqualification is suspended, or
(b) he is not disqualified,
is to be disregarded.
(1) This section applies where a person who—
(a) is normally resident in Great Britain, or
(b) is not normally resident in Great Britain but holds a Great Britain licence,
is disqualified by virtue of section 57.
(2) The Secretary of State must secure that the particulars of the disqualification are endorsed on the person's driving record until the end of the period for which the endorsement remains effective.
(3) At the end of the period for which the endorsement remains effective the Secretary of State must remove the endorsement from the person's driving record.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The endorsement remains effective until four years have elapsed since he was convicted of the offence in relation to which he is disqualified by virtue of section 57.
(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 97A of the Road Traffic Offenders Act 1988.
(1) This section applies where a person who—
(a) is normally resident in Northern Ireland, or
(b) is not normally resident in Northern Ireland but holds a Northern Ireland licence,
is disqualified by virtue of section 57.
(2) The Department must secure that particulars of the disqualification are endorsed on the counterpart of any Northern Ireland licence or the counterpart of any Great Britain licence or Community licence which the person—
(a) may then hold, or
(b) may subsequently obtain,
until he becomes entitled under subsection (4) or (5) to have a Northern Ireland licence and its counterpart, or a counterpart of his Great Britain licence or Community licence, issued to him free from those particulars.
(3) On the issue to the person of—
(a) a new Northern Ireland licence, or
(b) a new counterpart of a Great Britain licence or Community licence,
those particulars must be entered on the counterpart of the new licence or the new counterpart unless he has become so entitled.
(4) The person is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new Northern Ireland licence with a counterpart free from the endorsement if he—
(a) applies for a new licence under Article 13(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
(b) surrenders any subsisting licence and its counterpart,
(c) pays the fee prescribed by regulations under Part 2 of that Order, and
(d) satisfies the other requirements of Article 13(1).
(5) The person is entitled to have issued to him with effect from the end of that period a new counterpart of any Great Britain licence or Community licence then held by him free from the endorsement if he makes an application to the Department for that purpose in such manner as it may determine.
(6) The endorsement remains effective until four years have elapsed since he was convicted of the offence in relation to which he is disqualified by virtue of section 57.
(7) Where the person ceases to be disqualified by virtue of section 57(6), the Department must secure that the relevant particulars are endorsed on the counterpart of the Northern Ireland licence or the counterpart of any Great Britain licence or Community licence previously held by him.
70 Duty of appropriate Minister to inform competent authority
(1) This section applies where a competent authority of the Republic of Ireland gives the appropriate Minister a notice under the specified agreement on driving disqualifications in respect of any person.
(2) If the appropriate Minister gives a notice under section 57 to that person, he must give the competent authority particulars of the disqualification which arises by virtue of that section.
(3) If the appropriate Minister does not give such a notice, he must give his reasons to the competent authority.
(1) A notice authorised or required under this Chapter to be given by the appropriate Minister to an individual, or a Community licence required to be returned to its holder by section 65, may be given or returned to him by—
(a) delivering it to him,
(b) leaving it at his proper address, or
(c) sending it to him by post.
(2) For the purposes of—
(a) subsection (1), and
(b) section 7 of the Interpretation Act 1978 (c. 30) in its application to that subsection,
the proper address of any individual is his latest address as known to the appropriate Minister.
71A The specified agreement on driving disqualifications
(1) In this Chapter, “the specified agreement on driving disqualifications” means the agreement specified from time to time by the Secretary of State by regulations for the purposes of this Chapter.
(2) The Secretary of State may only specify an agreement made—
(a) between the United Kingdom and the Republic of Ireland, and
(b) for the purpose of giving effect in one of those States to disqualification from driving imposed in the other on conviction for an offence.
(3) In this section, “disqualification from driving” means disqualification from holding or obtaining a licence to drive a motor vehicle.
(1) Any power to make regulations conferred by this Chapter on the Secretary of State is exercisable by statutory instrument.
(2) A statutory instrument containing any such regulations is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (2A).
(2A) A statutory instrument containing regulations under section 54(6), 56(10) or 71A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) The regulations may make different provision for different purposes.
(1) Any power to make regulations conferred by this Chapter on the Department is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/ 1573 (N.I. 12)).
(2) Any such regulations are subject to negative resolution (within the meaning of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)), subject to subsection (2A).
(2A) Regulations made under section 54(7) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(3) The regulations may make different provision for different purposes.
(1) In this Chapter—
“appropriate Minister” means—
in relation to Great Britain, the Secretary of State,
in relation to Northern Ireland, the Department,
“central authority” means an authority designated by the Republic of Ireland as a central authority for the purposes of the specified agreement on driving disqualifications;
“Community licence”—
in relation to Great Britain, has the same meaning as in Part 3 of the Road Traffic Act 1988 (c. 52),
in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
“competent authority” means an authority which is a competent authority in relation to the Republic of Ireland for the purposes of the specified agreement on driving disqualifications;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“counterpart”—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
“the Department” means the Department of the Environment,
“disqualified”, except in section 56, means—
in relation to Great Britain, disqualified for holding or obtaining a Great Britain licence,
in relation to Northern Ireland, disqualified for holding or obtaining a Northern Ireland licence,
and, except in section 71A, “disqualification” is to be interpreted accordingly,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Great Britain licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988,
“motor vehicle”—
in relation to Great Britain, has the same meaning as in the Road Traffic Act 1988,
in relation to Northern Ireland, has the same meaning as in the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/ 2994 (N.I.18)),
“Northern Ireland licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981,
“prescribed” means prescribed by regulations made by the appropriate Minister.
“Republic of Ireland disqualification” means the disqualification mentioned in section 56;
“Republic of Ireland licence” means a licence to drive a motor vehicle granted under the law of the Republic of Ireland, including a learner permit.
(2) In this Chapter a disqualification, or Republic of Ireland disqualification, for life is to be treated as being for a period of not less than six months.
(3) For the purposes of this Chapter, an individual is normally resident in, or in a part of, the United Kingdom, in Great Britain, in Northern Ireland or in the Republic of Ireland if his or her normal residence, as defined in Article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20th December 2006 on driving licences, is there.
76 Recognition in Great Britain of disqualifications in Northern Ireland etc.
After section 102 of the Road Traffic Act 1988 there is inserted—
Disqualification if disqualified in Northern Ireland etc.
Disqualification while disqualified in Northern Ireland, Isle of Man, Channel Islands or Gibraltar
102A (1) A person is disqualified for holding or obtaining a licence to drive a motor vehicle of any class so long as he is subject to a relevant disqualification imposed outside Great Britain.
(2) For the purposes of this section a person is subject to a relevant disqualification imposed outside Great Britain if, in respect of any offence—
(a) a court in Northern Ireland disqualifies him for holding or obtaining a Northern Ireland licence,
(b) a court in the Isle of Man or any of the Channel Islands disqualifies him for holding or obtaining a British external licence, or
(c) a court in Gibraltar disqualifies him for holding or obtaining a licence to drive a motor vehicle granted under the law of Gibraltar.
(3) A certificate signed by the Secretary of State which states, in respect of a person, any matter relating to the question whether he is subject to a relevant disqualification imposed outside Great Britain shall be evidence (in Scotland, sufficient evidence) of the matter so stated.
(4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
77 Endorsement of counterparts issued to Northern Ireland licence holders
(1) After section 109 of the Road Traffic Act 1988 (c. 52) there is inserted—
Counterparts issued to Northern Ireland licence holders
109A (1) The Secretary of State may issue to any Northern Ireland licence holder who—
(a) has delivered his Northern Ireland licence to the Secretary of State, and
(b) has provided him with the information specified in, or required under, subsection (3) below (whether or not in pursuance of this section),
a document (referred to in this Part of this Act in relation to a Northern Ireland licence as a “counterpart”).
(2) The counterpart must—
(a) be in such form, and
(b) contain such information,
designed for the endorsement of particulars relating to the Northern Ireland licence as the Secretary of State may determine.
(3) The information referred to in subsection (1) above is—
(a) the name and address (whether in Great Britain or Northern Ireland) of the Northern Ireland licence holder;
(b) his date of birth;
(c) the classes of vehicle which he is authorised by his Northern Ireland licence to drive;
(d) the period of validity of the licence;
(e) whether it was granted in exchange for a licence issued by a state other than an EEA State; and
(f) such other information as the Secretary of State may require for the purposes of the proper exercise of any of his functions under this Part or Part 4 of this Act.
(4) The Secretary of State—
(a) may endorse a Northern Ireland licence delivered to him (whether or not in pursuance of this section) in such manner as he may determine—
(i) with any part of the information specified in, or required under, subsection (3) above; or
(ii) with information providing a means of ascertaining that information or any part of it; and
(b) must return the Northern Ireland licence to the holder.
(5) Subsections (6) to (9), (11) (with the omission of paragraph (a)) and (12) of section 99B of this Act apply for the purposes of this section as if the references to a Community licence were references to a Northern Ireland licence.
(2) After section 91 of the Road Traffic Offenders Act 1988 (c. 53) there is inserted—
Application to Northern Ireland licence holders
91ZA (1) The references to a licence in the following provisions of this Act include references to a Northern Ireland licence—
(a) section 7,
(b) section 26(7) and (8) and (9)(b),
(c) section 27,
(d) section 29(1),
(e) section 30,
(f) section 31(1),
(g) section 32,
(h) section 42(5),
(i) section 44(1),
(j) section 46(2),
(k) section 47(2) and (3),
(l) section 48(1) and (2).
(2) Accordingly, the reference in section 27(3)(b) of this Act to the suspension of a licence is to be construed in relation to a Northern Ireland licence holder as a reference to his ceasing to be authorised by virtue of section 109(1) of the Road Traffic Act 1988 to drive in Great Britain a motor vehicle of any class.
(3) The references in sections 26(9)(a) and 27(3) of this Act to a new licence include references to a counterpart of a Northern Ireland licence.
(4) In relation to a Northern Ireland licence holder to whom a counterpart is issued under section 109A of the Road Traffic Act 1988, the references in Part 3 of this Act (except sections 75(12), 76(8) and 77(9)) to a licence include references to a Northern Ireland licence.
(5) Where a court orders the endorsement of the counterpart of any Northern Ireland licence held by a person, it must send notice of the endorsement to the Secretary of State.
(6) The notice must—
(a) be sent in such manner and to such address, and
(b) contain such particulars,
as the Secretary of State may determine.
(7) Where a court orders the holder of a Northern Ireland licence to be disqualified, it must send the Northern Ireland licence and its counterpart (if any), on their being produced to the court, to the Secretary of State.
(8) The licence and its counterpart must be sent to such address as the Secretary of State may determine.
(9) Where—
(a) a notice is sent to the Secretary of State under subsection (5) above, and
(b) the particulars contained in the notice include—
(i) particulars of an offence in respect of which the holder of a Northern Ireland licence is disqualified by an order of a court, and
(ii) particulars of the disqualification,
the Secretary of State must send a notice containing the particulars mentioned in paragraph (b)(i) and (ii) to the licensing authority in Northern Ireland.
Effect of endorsement on Northern Ireland licence holders
91ZB Section 91B applies in relation to Northern Ireland licences as it applies in relation to Community licences.
78 Prohibition on holding or obtaining Great Britain and Northern Ireland licences
(1) The Road Traffic Act 1988 (c. 52) is amended as follows.
(2) In section 97 (grant of licences)—
(a) in subsection (1)(c), after sub-paragraph (i) there is inserted—
(ia) any Northern Ireland licence held by him together with its Northern Ireland counterpart and its counterpart (if any) issued to him under this Part of this Act,
,
(b) after subsection (1A) there is inserted—
(1AA) Where a licence under this Part of this Act is granted to a person who surrenders under sub-paragraph (ia) of subsection (1)(c) above his Northern Ireland licence together with the counterparts mentioned in that sub-paragraph to the Secretary of State—
(a) that person ceases to be authorised by virtue of section 109(1) of this Act to drive in Great Britain a motor vehicle of any class, and
(b) the Secretary of State must send the Northern Ireland licence and its Northern Ireland counterpart to the licensing authority in Northern Ireland together with particulars of the class of motor vehicles to which the licence granted under this Part of this Act relates.
(3) In section 99 (duration of licences), after subsection (3) there is inserted—
(3A) Where—
(a) the Secretary of State is sent under a provision of Northern Ireland law corresponding to section 97(1AA) of this Act a licence granted under this Part of this Act to a person to drive a motor vehicle of any class, and
(b) the Secretary of State is satisfied that a Northern Ireland licence to drive a motor vehicle of that or a corresponding class has been granted to that person,
the Secretary of State must serve notice in writing on that person revoking the licence granted under this Part of this Act.
(4) In section 102 (disqualification to prevent duplication of licences), at the end there is inserted—
(2) A person is also disqualified for holding or obtaining a licence authorising him to drive a motor vehicle of any class so long as he is authorised by virtue of section 109(1) of this Act to drive a motor vehicle of that or a corresponding class.