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The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2024

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Change 1

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As published

18 Substitution of regulation 13 (forgery and false statements)

For regulation 13 substitute— Forgery and false statements 13. (1) A person (“P”) is guilty of offence if, with intent to deceive— (a) P forges, alters or uses any document referred to in regulation 11(2), (b) P lends to, or allows to be used by, any other person such a document, or (c) P makes, or has in their possession, any document so closely resembling such a document as to be calculated to deceive. (2) In the application of paragraph (1) to England and Wales and Northern Ireland, “forges” means makes a false document in order that it may be used as genuine. (3) A person who knowingly makes a false statement for the purpose of obtaining the issue of— (a) a driver qualification card under regulation 8A, 8AA or 8AB; (b) a national driver qualification card under regulation 8AC or 8AD; (c) an NVT certificate, is guilty of an offence. (4) A person guilty of an offence under paragraph (1) or (3) is liable— (a) on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both, or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both. (5) Subject to paragraph (6), summary proceedings for an offence to which this regulation relates may be brought within a period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge. (6) No such proceedings may be brought by virtue of this regulation more than three years after the commission of the offence. (7) For the purposes of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in that prosecutor’s opinion to warrant the proceedings came to that prosecutor’s knowledge is conclusive evidence of that fact. (8) A certificate stating that matter and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (9) In relation to proceedings in Scotland, section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) applies for the purposes of this regulation as it applies for the purposes of that section. .

Your change, as a redline

18 Substitution of regulation 13 (forgery and false statements)

For regulation 13 substitute— Forgery and false statements 13. (1) A person (“P”) is guilty of offence if, with intent to deceive— (a) P forges, alters or uses any document referred to in regulation 11(2), (b) P lends to, or allows to be used by, any other person such a document, or (c) P makes, or has in their possession, any document so closely resembling such a document as to be calculated to deceive. (2) In the application of paragraph (1) to England and Wales and Northern Ireland, “forges” means makes a false document in order that it may be used as genuine. (3) A person who knowingly makes a false statement for the purpose of obtaining the issue of— (a) a driver qualification card under regulation 8A, 8AA or 8AB; (b) a national driver qualification card under regulation 8AC or 8AD; (c) an NVT certificate, is guilty of an offence. (4) A person guilty of an offence under paragraph (1) or (3) is liable— (a) on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both, or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both. (5) Subject to paragraph (6), summary proceedings for an offence to which this regulation relates may be brought within a period of six months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge. (6) No such proceedings may be brought by virtue of this regulation more than three years after the commission of the offence. (7) For the purposes of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in that prosecutor’s opinion to warrant the proceedings came to that prosecutor’s knowledge is conclusive evidence of that fact. (8) A certificate stating that matter and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (9) In relation to proceedings in Scotland, section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) applies for the purposes of this regulation as it applies for the purposes of that section. .

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