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The Road Traffic (Northern Ireland) Order 2007

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2007 No. 916 (N.I. 10)

NORTHERN IRELAND

The Road Traffic (Northern Ireland) Order 2007

Made21st March 2007
Coming into operation in accordance with Article 1(2) to (5)
At the Court at Buckingham Palace, the 21st day of March 2007
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
C1Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) 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: 208C5

PART I  INTRODUCTORY

1 Title and commencement

1 This Order may be cited as the Road Traffic (Northern Ireland) Order 2007.
2 This Part shall come into operation on the expiration of 7 days from the day on which this Order is made.
P13 The other provisions of this Order shall come into operation on such day or days as the Department may by order appoint.
4 An order under paragraph (3) may contain–
a such transitional provisions and savings;
b such supplementary, incidental or consequential provisions (including any provision amending this Order),
as the Department considers necessary or expedient in connection with the coming into operation of any of the provisions of this Order.
5 The day on which Articles 38 and 39 and Schedule 4 (and the repeals contained in Part IV of Schedule 8) come into operation must be–
a later than the day on which Article 16 and Schedule 2 (and the repeals contained in Part III of Schedule 8) come into operation, but
b earlier than the day on which Article 40 and Schedule 5 (and the repeals contained in Part V of Schedule 8) come into operation.

2 Interpretation

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;
  • “the Offenders Order” means the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10);
  • “the Order of 1981” means the Road Traffic (Northern Ireland) Order 1981 (NI 1);
  • “the Order of 1991” means the Road Traffic (Amendment) (Northern Ireland) Order 1991 (NI 3);
  • “the Order of 1995” means the Road Traffic (Northern Ireland) Order 1995 (NI 18);
  • F36...
  • “the Regulations of 2023” means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;
  • “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

PART II  OFFENCES AND ENFORCEMENT

Increase in penalty points

I13 Offences concerning the wearing of seat belts

In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences)–
a for columns (5) to (7) of the entry relating to offences under Article 23 of the Order of 1995 (driving or riding in a motor vehicle in contravention of regulations requiring the wearing of seat belts) substitute–
;
b for columns (5) to (7) of the entry relating to offences under Article 24(2) of the Order of 1995 (driving motor vehicle with child in front not wearing seat belt) substitute–
;
c for columns (5) to (7) of the entry relating to offences under Article 24(5) of the Order of 1995 (driving motor vehicle with child in rear not wearing seat belt) substitute–
;

4 Failure to give information for purposes of identification to police

In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) in column (7) of the entry relating to Article 177 of the Order of 1981 (failure of driver or owner to give information for purposes of identification to police) for “3” substitute “ 6 ”.

5 Contravention of temporary speed restriction

1 In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) for columns (5) to (7) of the entry relating to Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) (temporary traffic regulation) substitute–
,
2 In Article 23 of the Offenders Order (speeding offences etc: admissibility of certain evidence) before paragraph (2)(a) insert–
.

6 Breach of requirements as to control of vehicle, mobile telephones etc.

1 After Article 56 of the Order of 1995 insert–
.
2 In Article 58(a) of that Order (breach of other construction and use requirements) after “56(a)” insert “ , 56A ”.
3 In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) after the entry relating to offences under Article 56 of the Order of 1995 insert–
.

Increase in other penalties

7 Increase in penalty for careless, and inconsiderate, driving

In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) in the entry relating to offences under Article 12 of the Order of 1995 (careless, and inconsiderate, driving) in column (4) for “level 4” substitute “ level 5 ”.

8 Increase in penalty where child not wearing seat belt in rear

In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) in the entry relating to offences under Article 24(5) of the Order of 1995 (driving motor vehicle with child in rear not wearing seat belt) in column (4) for “level 1” substitute “ level 2 ”.

9 Disqualification for using vehicle in dangerous condition

1 In Article 35 of the Offenders Order (disqualification for certain offences) after paragraph (4) insert–
.
2 In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) in the entry relating to Article 54 of the Order of 1995 (using vehicle in dangerous condition etc.) in column (5) for “Discretionary.” substitute–

Attendance on courses

10 Reduced penalty points for attendance on course

1 The Offenders Order is amended as follows.
2 In Article 31 (penalty points to be taken into account on conviction) after paragraph (2) insert–
.
3 After Article 32 insert–
.

11 Reduced disqualification period for attendance on course

1 For Articles 36 to 39 of the Offenders Order (reduced disqualification period for attendance on course) substitute–
.
2 Paragraph (1) shall not apply in respect of proceedings commenced before it comes into operation.

Deposits and prohibition on driving

I1412 Financial penalty deposits

1 In the Offenders Order, after Part IV insert–
.
2 In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) after the entry relating to offences under Article 72 of that Order insert–
.

I1513 Prohibition on driving: immobilisation, removal and disposal of vehicles

Schedule 1 makes provision about–
a the immobilisation of vehicles the driving of which has been prohibited under–
i Article 84 of the Order of 1981 (foreign vehicles);
ii Article 77 or 79 of the Order of 1995 (unfit or overloaded vehicles); or
iii Article 91E of the Offenders Order (failure to make payment of financial penalty deposit); and
b the removal and disposal of such vehicles.

Testing for drink and drugs

14 Testing for drink and drugs

For Article 17 of the Order of 1995 (breath tests) substitute–
.

15 Period of endorsement for failure to allow specimen to be tested

In Article 50(6) of the Offenders Order (effect of endorsement: period for which effective), after sub-paragraph (b) insert
.

Powers of enforcement

16 Giving of fixed penalty notices by vehicle examiners

Schedule 2 (which makes provision for the giving of fixed penalty notices by vehicle examiners and connected matters) shall have effect.

17 Extension of powers of vehicle examiners

1 For Article 180A of the Order of 1981 substitute–
.
2 In Article 75(2) of the Order of 1995 (powers of authorised examiners for purpose of testing vehicles) before paragraph (a) insert–
.

I218 Power of arrest in relation to failure to stop a vehicle

1 After Article 180(1) of the Order of 1981 (failure to stop for constable in uniform) insert–
.
2 In Article 19(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12) (power of entry to effect arrest for certain offences) after sub-paragraph (cb) insert–
.
3 This Article has no effect in relation to offences committed before it comes into operation.

19 Production of certain documents

1 Article 180 of the Order of 1981 (enforcement powers of constable) is amended as follows.
2 In paragraph (2)–
a after “certificate of insurance” insert “ or certificate of security ”;
b in sub-paragraph (b) the words “or other public place” shall cease to have effect; and
c after sub-paragraph (b) insert–
.
3 In paragraph (4) after “certificate of insurance”, in both places where it occurs, insert “ or certificate of security ”.
4 After paragraph (8) insert–
.

20 Seizure of licences

In Article 180 of the Order of 1981 (enforcement powers of constable) after paragraph (3B) insert–
.

Miscellaneous

21 Power to seize etc. vehicles driven without insurance

After Article 180A of the Order of 1981 insert–
.

Graduated fixed penalties

22 Graduated fixed penalties

Article 59 of the Offenders Order (amount of fixed penalty) shall be renumbered as paragraph (1) of that Article and after that paragraph insert–
.

23 Graduated fixed penalty points

1 Article 30 of the Offenders Order (penalty points to be attributed to an offence) is amended as follows.
2 For paragraph (3) substitute–
.
3 After paragraph (7)(a) insert–
.
4 After paragraph (7) insert–
.
5 In paragraph (8) for “paragraph (7)” substitute “ this Article ”.

24 Graduated fixed penalty points for speeding offences

In Schedule 1 to the Offenders Order (prosecution and punishment of offences)–
a in Part I, in column (7), for the entry relating to Article 7 of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) (temporary traffic regulation) substitute “ 2-6 or appropriate penalty points (graduated fixed penalty) if as described in column 5. ”;
b in Part I, in column (7), for the entry relating to Article 43 of the Road Traffic Regulation (Northern Ireland) Order 1997 (contravening speed limit) substitute “ 2-6 or appropriate penalty points (graduated fixed penalty) if as described in column 5. ”;
c in Part II, in column (4), for the entry relating to Article 20 of the Roads (Northern Ireland) Order 1993 (NI 15) (restriction on use of special roads) substitute “ 2-6 or appropriate penalty points (graduated fixed penalty) if committed in respect of a speed restriction, 3 in any other case. ”.

Miscellaneous

25 Offence of keeping vehicle which does not meet insurance requirements

1 In the Order of 1981, after Article 91 insert–
.
2 In the Order of 1981, after Article 102 insert–
.
3 After Schedule 2 to the Order of 1981 insert the Schedule 2A set out in Schedule 3 to this Order.
4 In Article 92(a) of the Offenders Order (penalty for breach of regulations under Order of 1981) for “of that Order” substitute “ or under Article 103 of that Order by virtue of Schedule 2A ”.
5 Part 1 of Schedule 1 to the Offenders Order (prosecution and punishment of offences) is amended as follows.
6 After the entry relating to Article 90 of the Order of 1981 insert–
.
7 After the entry relating to Article 97 of the Order of 1981 insert–

26 Seat belts: delivery drivers

For Article 23(2)(c)(i) of the Order of 1995 (seat belts: exceptions: delivery drivers) substitute–
.

27 Disqualification until test passed

1 Article 41 of the Offenders Order (duty of court to order disqualification until test is passed) is amended as follows.
2 In paragraph (3) (order to be made in case of person disqualified in circumstances, or for period, prescribed by order) for “in such circumstances or for such period” substitute “ for such period, in such circumstances or for such period and in such circumstances ”.
3 In paragraph (5) (interpretation) for the definition of “appropriate driving test” substitute–
.
4 In paragraph (8) (disqualification to expire on production in accordance with regulations under Article 5(3) of the Order of 1981 of evidence of having passed test) for “under Article 5(3) of the Order of 1981” substitute “ made by the Department ”.
5 In paragraph (9) (disqualification to expire by reason of passing of test only in relation to vehicles of such classes as are prescribed by such regulations) for “under that Article” substitute “ made by the Department ”.
6 In paragraph (13) (procedure for making orders or regulations under that Article) after “subject to affirmative resolution” insert “ and all other regulations under this Article shall be subject to negative resolution ”.
7 Omit paragraph (14) (no order to be made under paragraph (3) after end of 2004 unless one previously made).

28 Notice of prosecution for certain offences

In Article 5 of the Offenders Order (requirement of warning etc. of prosecutions for certain offences) after paragraph (1) insert–
.

29 False statements, forgery and power of seizure in connection with certain documents

1 Article 174 of the Order of 1981 (false statements in connection with forgery of, and fraudulent use of, documents; issue of false insurance certificate and powers of seizure) is amended as follows.
2 In paragraph (1)(a) for “application for any licence or a goods vehicle certificate under the Road Traffic Orders” substitute–
.
3 After paragraph (1)(d) insert–
.
4 For paragraph (2) substitute–
.
5 In paragraph (3)–
a for the words from the beginning to “is a document” substitute–
,
b after “document”, in each place where it occurs, insert “ or other thing ”.
6 After that paragraph insert–
.

PART III  DRIVER LICENSING

30 Driving otherwise than in accordance with a licence

In Article 3 of the Order of 1981–
a in paragraph (1) (offence for a person to drive if he is not the holder of a licence) for the words “if he is not the holder of” substitute the words “ otherwise than in accordance with ”;
b in paragraph (2) (offence to allow a person to drive if he does not hold a licence) for the words “if that other person is not the holder of a licence authorising him” substitute the words “ otherwise than in accordance with a licence authorising that other person ”.

31 Power to remove requirement to apply for licence after passing of test

In Article 5(1) of the Order of 1981 (grant of licence) after the words “he meets the relevant residence requirement and satisfies the Department” insert the words “ (or, in the case of a test of competence passed under paragraph (a)(i) after a prescribed day, the Department is satisfied in such manner as may be prescribed)” ”.

32 Removal of two year period from passing of test in which to apply for licence

For Article 5(1)(a) of the Order of 1981 (requirement to apply for licence within two year period from date test of competence passed) substitute–
.

33 Physical fitness

1 In Article 9 of the Order of 1981 (requirements as to physical fitness of drivers) after paragraph (12) insert–
.
2 In Article 11 of the Order of 1981 (provision of information relating to disabilities) after paragraph (3A) insert–
.
3 After Article 11 of the Order of 1981 insert–
.

34 Payment of fee for confirmation in writing of person's entitlement to drive

In Article 19C(1A) of the Order of 1981 (regulations in respect of licences etc.) after sub-paragraph (ea) insert–
.

35 Exchangeable driving licences

In Article 19D of the Order of 1981 (interpretation)–
a after the definition of “EEA State” in paragraph (1) insert–
;
b for the definition of “exchangeable licence” in paragraph (1) substitute–
;
c for paragraph (2) substitute–
.

I1336 Access to driver licensing information

After Article 19H of the Order of 1981 insert–
.

37 Applying for or obtaining a driving licence, or driving, while disqualified

After Article 168 of the Order of 1981 insert–
.

38 Driving record

After Article 4 of the Offenders Order insert–
.

39 Unlicensed and foreign drivers

1 The Offenders Order is amended as follows.
2 In Article 49 (endorsement of licences)–
a for the heading substitute “ Orders for endorsement ”;
b after paragraph (2) insert–
.
3 After that Article insert–
.
4 In Article 60 (notices on-the-spot or at a police station), after paragraph (5) insert–
.
5 After Article 63 (endorsement of licences without hearings) insert–
.
6 Schedule 4 (which contains further amendments in respect of the endorsement of driving records in the case of unlicensed and certain foreign drivers) shall have effect.

40 All drivers

1 The Offenders Order (as amended by Article 39 and Schedule 4) is amended as follows.
2 In Article 49 (orders for endorsement)–
a in paragraph (1), for “the counterpart of any licence held by him” substitute “ his driving record ”; and
b omit paragraph (2A).
3 In Article 60 (notices on-the-spot etc.)–
a for paragraphs (3) to (5E) substitute–
;
b in paragraph (6), for “(4) or (5C)” substitute “ (5) ”;
c in paragraph (7), omit “and a counterpart of a licence”.
4 Omit Article 63 (endorsement of counterparts without hearings).
5 In Article 63A (endorsement of driving records without hearings)–
a in paragraph (1), omit “who is not the holder of a licence”;
b in paragraph (3), at the end insert “ and return to that person any licence surrendered to him under Article 60 ”
c in paragraph (4), after “record” insert “ and return to that person any licence surrendered by him under Article 60 ”.
6 Schedule 5 (which contains further amendments about the endorsement of driving records in the case of all drivers) shall have effect.

PART IV  DRIVER AND VEHICLE TESTING

41 Display of test certificates

After Article 63 of the Order of 1995 (obligatory test certificates) insert–
.

42 Vehicles modified to run on fuel stored under pressure

1 Article 55 of the Order of 1995 (regulation of construction, weight, equipment and use of vehicles) is amended as follows–
a in paragraph (2) after sub-paragraph (b) insert–
;
b after that paragraph insert–
.
2 In Article 72 of the Order of 1995 (regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions) after paragraph (8) insert–
.

43 Testing of vehicles

1 In the heading to Article 76 of the Order of 1995 and in the cross heading immediately before it for “public passenger vehicles and goods vehicles” substitute “ vehicles ”.
2 After paragraph (4) insert–
3 In paragraph (6) of that Article–
a after sub-paragraph (c) insert–
; and
b after “within sub-paragraph (c)” insert “ or (d) ”.
4 In Article 75 at the end add–
.

44 Tests of competence to drive

1 In Article 5(3) of the Order of 1981 (regulations about nature of tests)–
a at the end of sub-paragraph (a) insert “ and the administrative arrangements for submitting for such tests, ”;
b in sub-paragraph (b), after “conducted” insert “ conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment ”, and 208 9
c after sub-paragraph (b) insert–
.
2 In Article 5(4) of the Order of 1981 (provision that may be included in regulations under paragraph (3))–
a in sub-paragraph (a) (provision by person submitting himself for driving test of vehicle which, if loading requirements are prescribed, is loaded in accordance with prescribed requirements) for “a vehicle” substitute “ a safe and suitable vehicle ”;
b in that sub-paragraph for the words after “the test” substitute “ and for requiring that, if the vehicle is a vehicle of a prescribed description, it has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed, ”;
c for sub-paragraph (b) substitute–
.
3 In Article 5(5) of the Order of 1981 (driving tests in parts) omit sub-paragraph (b) and the word “and” immediately before it.
4 After Article 5(5) insert–
.
5 In Article 8 of the Order of 1981 (repayment of fees) for “A fee” substitute “ The whole or any part of a fee ”.

45 Approved test assistants

After Article 8 of the Order of 1981 insert–
.

PART V  DRIVING INSTRUCTION

Introductory

46 Interpretation of this Part

1 For the purposes of this Part persons may carry on business in the provision of driving instruction in any way, including in particular–
a by giving instruction themselves;
b by arranging for the giving of driving instruction by their employees; or
c by arranging for the giving of driving instruction by persons who are franchisees under driving instruction franchises under which they are the franchisor.
2 In this Part “a driving instruction franchise” is an agreement under which one party (“the franchisor”) grants to another party (“a franchisee”) rights consisting of or including the right to use a particular trading name, style or design in the carrying on of business in the giving of driving instruction.
3 In this Part references to “the franchisor” and “a franchisee”, in relation to a driving instruction franchise, shall be construed accordingly.
4 In this Part “current”, in relation to a licence or certificate, means one which has not expired and has not been cancelled, revoked or suspended.
5 In this Part–
a “Community licence” and “counterpart”, in relation to a Community licence;
b “provisional licence”; and
c “motor vehicle”;
have the same meanings as in the Order of 1981.
6 In this Part–
  • “prescribed” means prescribed by regulations;
  • “regulations” means regulations made by the Department.

47 Expressions defined in this Part

The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Part listed in the right-hand column in relation to those expressions.
ExpressionRelevant provision
Appropriate motor vehicleArticle 53(13)
Carry on business in the provision of driving instructionArticle 46(1)
Community licence and counterpartArticle 46(5)
Current (in relation to a licence or certificate)Article 46(4)
Disability, prospective disability and relevant disabilityArticle 53(13)
Disabled person's limited driving licenceArticle 53(13)
Driving instructionArticle 48(3)
Driving instruction franchise (and franchisor and franchisee)Article 46(2) and (3)
Emergency control assessment and emergency control certificateArticle 53(13)
Modifications, in relation to a motor vehicleArticle 53(13)
Paid instructionArticle 48(5) and (6)
PrescribedArticle 46(6)
Provisional licenceArticle 46(5)
Registered and registrationArticle 48(7)
The registerArticle 48(8)
Registered disabled instructorArticle 53(13)
The RegistrarArticle 51(2)
RegulationsArticle 46(6)
Relevant instructor examinationArticle 63(2)

Instructors and instruction businesses to be registered

C248 Requirement of registration

1 A person—
a must not give paid driving instruction of any prescribed description unless he is registered in respect of the giving of that description of driving instruction; and
b must not carry on a business in the provision of paid driving instruction of any prescribed description unless he is registered in respect of the carrying on of business in the provision of that description of driving instruction.
F381A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 A person–
C3a must not give paid driving instruction of any prescribed description unless prescribed arrangements as to the displaying of evidence that he is registered in respect of the giving of that description of driving instruction are complied with; and
b must not carry on business in the provision of paid driving instruction of any prescribed description unless prescribed requirements as to the displaying of evidence that he is registered in respect of the carrying on of business in the provision of that description of driving instruction are complied with.
3 In this Part “driving instruction” means instruction in relation to the driving of a motor vehicle.
4 Regulations under this Part which prescribe a description of driving instruction may do so by reference to–
a the class of motor vehicle to which the instruction relates;
b the description of persons to whom the instruction is given or provided; or
c the nature of the instruction or where or how it is given or provided.
5 For the purposes of this Part instruction is paid instruction if payment of money or money's worth is, or is to be, made for the instruction by or in respect of the person to whom the instruction is given or provided.
6 Regulations may prescribe circumstances in which instruction provided free of charge shall be deemed to be given for payment of money by or in respect of the person to whom the instruction is given or provided.
7 For the purposes of this Part a person is “registered” if his name is in F39... the register together with–
a an indication as to whether he is registered in respect of the giving of driving instruction or the carrying on of business in the provision of driving instruction (or both);
b an indication as to the description of driving instruction in respect of which he is registered; and
c such other particulars as may be prescribed,
and “registration” shall be construed accordingly.
8 In this Part “the register” means the register established for the purposes of this Part under Article 51.

49 Paid driving instruction: offences

1 If driving instruction is given in contravention of Article 48(1)(a) –
a the person by whom it is given;
b if that person is employed by another to give that instruction, that other (as well as that person); and
c if that person is a franchisee under a driving instruction franchise, the franchisor under the driving instruction franchise (as well as that person),
is guilty of an offence.
2 If a person contravenes Article 48(1)(b) he is guilty of an offence.
3 In proceedings against a person for an offence under paragraph (1) or (2) it shall be a defence for him to prove that he did not know, and had no reasonable cause to believe, that–
a in a case within sub-paragraph (a) of paragraph (1), or within paragraph (2), he;
b in a case within sub-paragraph (b) of paragraph (1), the person employed by him; or
c in a case within sub-paragraph (c) of that paragraph, the person who was the franchisee under the driving instruction franchise,
was not at the material time registered F42... in respect of the description of driving instruction in question.
4 If a person contravenes Article 48(2) he is guilty of an offence.
F435 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50 Exemption from prohibitions imposed by Article 48

1 Regulations may prescribe circumstances in which Article 48 shall not apply in relation to driving instruction, or driving instruction of a prescribed description.
2 The regulations may, in particular, make provision for Article 48(1)(a) and (2)(a) not to apply in prescribed circumstances for the purpose of enabling persons to acquire experience in giving driving instruction.

Registration

51 I30Register

1 Regulations shall make provision for the establishment and maintenance of a register for the purposes of this Part.
F441A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F441B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F441C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 An application to be registered in respect of any description of driving instruction must be made to the officer of the Department (in this Part referred to as “the Registrar”) by whom the register is, on behalf of the Department, compiled and maintained.
3 An application under paragraph (2) shall be made in such manner, and shall be accompanied by such particulars, as the Department may determine.
4 The Registrar must, on making a decision on an application under paragraph (2), give notice in writing of the decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.
5 Regulations may make provision authorising the Department to make available information about persons registered under this Article.
6 Paragraphs (2) to (5) and Article 52 do not apply in relation to an application by a person to be registered, or to a person's registration, as a disabled instructor in respect of the giving of instruction in the driving of a motor vehicle in the motor vehicle.

I352 Conditions of registration

1 Where a person duly applies to be registered F45... in respect of a description of driving instruction, the Registrar must register him F46... in respect of that description of driving instruction if he satisfies the Registrar that the conditions prescribed under this paragraph are fulfilled.
2 In the case of applications by persons to be registered F47... in relation to the giving of a description of driving instruction, those conditions may (in particular) include–
a conditions requiring the persons to have passed such examinations of ability and fitness to give driving instruction of that description as may be prescribed under Article 62;
b conditions requiring the persons to hold, or to have held for a prescribed period, such licences to drive motor vehicles of a prescribed description as may be prescribed; and
c conditions requiring the persons not to have been disqualified during a prescribed period under prescribed provisions for holding or obtaining a licence to drive motor vehicles.
2A Where the Registrar is satisfied that a person who has applied under paragraph (1) is entitled to give paid driving instruction of any description by virtue of Part 2 of the Regulations of 2023, any condition prescribed by virtue of paragraph (2)(a) which relates to that description of driving instruction does not apply in relation to the applicant.
F492B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 A person may be registered in respect of a description of driving instruction subject to fulfilling the conditions prescribed under this paragraph for so long as he continues to be so registered.
4 In the case of registration of persons in relation to the giving of a description of driving instruction, those conditions may (in particular) include–
a conditions requiring the persons, if at any time required to do so by the Registrar, to submit themselves for such examinations of continued ability and fitness to give driving instruction of that description as may be prescribed under Article 62;
b conditions requiring the persons to have passed those examinations;
c conditions within paragraph (2)(b) and (c); and
d conditions requiring the persons to follow guidance issued by the Registrar as to the giving of driving instruction of that description.
5 In the case of the registration of persons in relation to the carrying on of business in the provision of a description of driving instruction, those conditions may (in particular) include–
a conditions requiring the person to secure that motor vehicles and premises used by them in the carrying on of the business meet prescribed standards throughout the period of registration;
b conditions requiring the persons, if at any time required to do so by the Registrar, to allow those motor vehicles and premises to be inspected; and
c conditions requiring the persons to follow guidance issued by the Registrar as to the carrying on of business in the provision of driving instruction of that description.
6 The conditions prescribed under paragraph (1) or (3) may (in particular) include a condition that persons are fit and proper persons to be, or to continue to be, registered.
7 Regulations may include provision for persons of a prescribed description to be exempt from any condition, to such extent as is prescribed, in prescribed circumstances.

53 Registration of disabled persons

1 A person may apply to the Registrar to be registered as a disabled instructor in respect of the giving of instruction in the driving of a motor vehicle of a prescribed description in such a motor vehicle if he–
a suffers from a disability or prospective disability affecting the driving of motor vehicles of that description;
b holds a current disabled person's limited driving licence relating to motor vehicles of that description; and
c holds a current emergency control certificate specifying motor vehicles of that description.
2 An application under paragraph (1) shall be made in such manner, and shall be accompanied by such particulars, as the Department may determine.
3 If, at the time when he makes an application under paragraph (1), a person is aware–
a that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Department in making an application for his current emergency control certificate; or
b that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since the granting of his current emergency control certificate,
his application under paragraph (1) must be accompanied by written notification of the nature and extent of his disability.
4 Any person who fails without reasonable excuse to comply with the requirement imposed by paragraph (3) is guilty of an offence.
5 Where a person duly applies to be registered as a disabled instructor in respect of the giving of instruction in the driving of a motor vehicle of a prescribed description in such a motor vehicle, the Registrar must (subject to Article 54(4)) so register him if he satisfies the Registrar that the conditions prescribed under this paragraph are fulfilled.
6 Those conditions may (in particular) include–
a conditions requiring the person to have passed such examinations of ability and fitness to give driving instruction of that description as may be prescribed under Article 62;
b conditions requiring the person to hold, or to have held for a prescribed period, such licences to drive motor vehicles of a prescribed description as may be prescribed; and
c conditions requiring the person not to have been disqualified during a prescribed period under prescribed provisions for holding or obtaining a licence to drive motor vehicles.
7 A person may be so registered subject to fulfilling the conditions prescribed under this paragraph for so long as he continues to be so registered.
8 Those conditions may (in particular) include–
a conditions requiring the person, if at any time required to do so by the Registrar, to submit himself for such examinations of continued ability and fitness to give driving instruction of that description as may be prescribed under Article 62;
b conditions requiring the person to have passed those examinations;
c conditions requiring the person, if at any time required to do so by the Registrar, to submit himself for a further emergency control assessment on the day (within such period as may be prescribed) and at the place specified by the Registrar;
d conditions within paragraph (6)(b) and (c); and
e conditions requiring the person to follow guidance issued by the Registrar as to the giving of instruction in the driving of a motor vehicle of a prescribed description in such a motor vehicle.
9 The conditions prescribed under paragraph (5) or (7) may (in particular) include a condition that persons are fit and proper persons to be, or to continue to be, registered.
10 In considering whether to exercise, in respect of any person, his power under paragraph (8)(c), the Registrar must have regard to any recommendation included in the person's current emergency control certificate as to the period after which he should undergo a further emergency control assessment.
11 Regulations may include provision for prescribed persons to be exempt from any prescribed condition, to such extent as is prescribed, in prescribed circumstances.
12 Regulations may make provision authorising the Department to make available information about persons registered under this Article.
13 In this Part–
  • “appropriate motor vehicle” means, subject to Article 54(2), a motor vehicle equipped with automatic transmission;
  • “disability”, in respect of motor vehicles of any description, means a want of physical ability affecting the driving of motor vehicles of that description; and–
    1. “relevant disability”, in relation to a person, means any disability which is prescribed in regulations or any other disability likely to cause the driving of a motor vehicle of the description in question by him to be a source of danger to the public; and
    2. “prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in course of time;
  • “disabled person's limited driving licence” means a licence of one of the following kinds, that is to say–
    1. a licence to drive a motor vehicle granted under Part II of the Order of 1981 (not being a provisional licence within the meaning of Part II of that Order) which is limited, by virtue of a notice served under Article 9(5)(b) of that Order, to an appropriate motor vehicle;
    2. a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 (c. 52) (not being a provisional licence within the meaning of Part 3 of that Act) which is limited, by virtue of a notice served under section 92(5)(b) of that Act, to an appropriate motor vehicle; and
    3. a community licence authorising the driving of a motor vehicle which is similarly limited by virtue of any corresponding provision of the law under which it was issued and a counterpart of that licence;
  • “emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under Article 65;
  • “modifications”, in relation to a motor vehicle, includes equipment; and
  • “registered disabled instructor” means a person registered as a disabled instructor in respect of instruction in the driving of motor vehicles of a prescribed description given in a motor vehicle of that description;
and any reference, in relation to a person, to the class of motor vehicle covered by his disabled person's limited driving licence is a reference to the class of motor vehicle specified in the notice served on him under Article 9(5)(b) of the Order of 1981 but disregarding any modifications specified in the notice.

54 Provisions supplementary to Article 53

1 A person who fulfils the conditions mentioned in Article 53(1)(a) and (b) may, for the purposes of obtaining an emergency control certificate, apply to undergo an emergency control assessment.
2 Regulations may specify modifications of a motor vehicle as modifications which are to be required for a motor vehicle to be an appropriate motor vehicle for the purposes of this Part or as modifications which are not to be required for a motor vehicle to be an appropriate motor vehicle for those purposes.
3 Regulations may make provision for prescribed persons to be exempt from Article 53(1)(c) in prescribed circumstances.
4 The Registrar may refuse to register a person under Article 53 if he is satisfied that the person has at any time refused to comply with a requirement under Article 66(2) to submit himself for a further emergency control assessment.
5 The Registrar must, on making a decision on an application under Article 53, give notice in writing of his decision to the applicant which, in the case of a decision to refuse the application, must state the grounds for the refusal.

I455 Duration of registration

1 Unless previously terminated under the provisions of this Part, a person's registration F50... in respect of any description of driving instruction shall (subject to paragraph (3)) be terminated at the end of the period of 4 years beginning with the day specified in paragraph (2).
2 That day is–
a the first day of the month next after that in which the person became registered in respect of that description of driving instruction; or
b where his registration in respect of that description of driving instruction has been extended under Article 56, the day on which the last further period for which the registration was last extended began.
3 If an application for the extension of a person's registration F51... in respect of any description of driving instruction is made under Article 56, the registration is not terminated under paragraph (1).
4 Subject to paragraph (5), where a person whose registration F52... in respect of any description of driving instruction has been terminated under paragraph (1) applies under Article 51 to be registered again in respect of that description of driving instruction, he shall be required again to fulfil such of the conditions prescribed under Article 52(1) as may be prescribed.
5 If the person mentioned in paragraph (4) was a registered disabled instructor he shall instead be required again to fulfil such of the conditions prescribed under Article 53(5) as may be prescribed.
F536 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F537 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F538 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I556 Extension of duration of registration

1 A person may, no later than such time before his registration F54... in respect of any description of driving instruction is terminated under Article 55(1) as is prescribed, apply to the Registrar for the extension of that registration for a further period of 4 years.
2 An application under paragraph (1) shall be made in such manner, and shall be accompanied by such particulars, as the Department may determine.
3 On an application under paragraph (1), the applicant shall be entitled to have the registration extended for the further period of 4 years if he satisfies the Registrar that the prescribed requirements are fulfilled.
4 The continued registration of a person F55... by virtue of an extension under this Article may be subject to–
a in the case of a registered disabled instructor, the conditions prescribed under Article 53(7);
b in any other case, the conditions prescribed under Article 52(3).
5 The Registrar must, on making a decision to grant or refuse an application under paragraph (1), give notice in writing of the decision to the person, including, where he refuses the application, particulars of the grounds on which he refuses it.
6 The termination of a person's registration F56... on a decision to refuse such an application shall take effect at the end of the period of 14 days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under Article 59 is previously withdrawn, when the appeal is withdrawn).
7 But the Registrar may, when giving notice of his decision to refuse the application, direct that the termination of registration shall instead take effect–
a where no appeal under Article 59 is brought against the decision within the time limited for the appeal, on the expiration of that time;
b where such an appeal is brought and is withdrawn, on the withdrawal of the appeal;
c where such an appeal is brought and is not withdrawn, in accordance with Article 59(4) or any direction under Article 59(5).

C457 Termination of registration by Registrar

1 The Registrar may terminate a person's registration in respect of any description of driving instruction if he is satisfied that any relevant prescribed condition has not been complied with in the case of the person–
a in a case where his registration has not been extended under Article 56, at any time since he became registered; F32... or
b in a case where his registration has been so extended, at any time since it was last extended.
F58c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F58d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 For the purposes of paragraph (1) “relevant prescribed condition” means–
a in the case of a registered disabled instructor, a condition prescribed under Article 53(7); and
b in any other case, a condition prescribed under Article 52(3).
3 The Registrar may also terminate a person's registration in respect of a description of driving instruction if the person's registration, or (if the person's registration has been extended F59...) the last extension F60... of his registration, was made by mistake or procured by fraud.
4 The Registrar must, on making a decision to terminate a person's registration in respect of any description of driving instruction, give notice in writing of the decision to the person together with particulars of the grounds on which he is terminating it.
5 A decision to terminate a person's registration in respect of any description of driving instruction shall take effect at the end of the period of 14 days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under Article 59 is previously withdrawn, when the appeal is withdrawn).
6 But the Registrar may, when giving notice of his decision to terminate a person's registration in respect of any description of driving instruction, direct that the decision shall instead take effect–
a where no appeal under Article 59 is brought against the decision within the time limited for the appeal, on the expiration of that time;
b where such an appeal is brought and is withdrawn, on the withdrawal of the appeal;
c where such an appeal is brought and is not withdrawn, in accordance with Article 59(4) or any direction under Article 59(5).

58 Power to give direction as to further applications

1 This Article applies when the Registrar F61... decides–
a to refuse to register a person;
b to refuse an application for the extension of a person's registration; or
c to terminate a person's registration,
in respect of any description of driving instruction.
2 The Registrar may direct that any application by that person to be registered in respect of that description of driving instruction shall not be entertained before the end of such period, not exceeding 4 years beginning with the day on which the decision takes effect, as may be specified in the direction.
3 Notice of any such direction must be included in the notice of decision in connection with which it is given.

Appeals

59 Appeals to the Department

A1 A person who is entitled to give paid driving instruction of any description by virtue of Part 2 of the Regulations of 2023 and who is aggrieved by the failure of the Registrar—
a to make a decision in relation to an application for registration of the person before the end of the period of four months beginning with the day after the day on which the complete application was submitted; or
b to make a decision in relation to an application for the extension of the person’s registration before the end of the period of four months beginning with the day after the day on which the complete application was submitted,
may appeal by notice in writing to the Department.
B1 On an appeal under paragraph (A1), the Department may direct the Registrar to make a decision in relation to the application.
1 A person who is aggrieved by a decision of the Registrar–
a to refuse an application–
i for his registration, or
ii for the extension F62... of his registration;
b to terminate his registration;
c to give him a direction under Article 58,
may by notice in writing appeal to the Department within the period of 28 days beginning with the day on which notice of the decision was given in accordance with this Part.
2 On an appeal under paragraph (1) the Department may –
a grant or refuse the application;
b continue or terminate the registration; or
c revoke or confirm the direction or alter the period specified in the direction,
(as the case may be) as it thinks fit.
3 The Department must, on making a decision under paragraph (2), give notice in writing of the decision to the appellant including–
a where it dismisses the appeal, particulars of the grounds of the decision;
b where it gives a direction under paragraph (6), notice of that direction.
4 A refusal or termination under paragraph (2)(a) or (b) shall take effect at the end of the period of 14 days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under Article 60 is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).
5 But the Department may, when giving notice of its decision of a refusal or termination under paragraph (2)(a) or (b), direct that the decision shall instead take effect–
a where no appeal under Article 60 is brought against the decision within the time limited for the appeal, on the expiration of that time;
b where such an appeal is brought and is withdrawn, on the withdrawal of the appeal;
c where such an appeal is brought and not withdrawn, if and when the appeal is dismissed, and not otherwise.
6 A refusal or termination under paragraph (2)(a) or (b) may direct that an application by the appellant to be registered F63... shall not be entertained before the expiration of such period, not exceeding 4 years beginning with the day on which the refusal or termination is made, as may be specified in the refusal or termination.
7 If the Department considers that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, it may (instead of making a decision under paragraph (2)) remit the matter to the Registrar for him to reconsider the decision.
8 A person who is aggrieved by a decision of the Registrar not to give a direction under Article 56(7) or 57(6) may by notice in writing appeal to the Department within the period of 10 days beginning with the day on which notice of the decision is given.
9 The Department shall determine an appeal under paragraph (8) by either–
a giving the direction concerned; or
b dismissing the appeal,
within 14 days beginning with the day on which notice of the decision is given.
10 The Department must, on making a decision under paragraph (9), give notice in writing of the decision to the appellant including, where it dismisses the appeal, particulars of the grounds of that dismissal.
11 Where the Registrar has decided to refuse an application for the extension F64... of a person's registration or to terminate a person's registration but either–
a he gave a direction under Article 56(7) or 57(6); or
b the Department has given such a direction on appeal,
he may by notice in writing apply to the Department for a direction that the decision is to take effect immediately.
12 The Department shall determine the Registrar's application under paragraph (11) by either granting or refusing the application within 14 days beginning with the day on which notice of the decision is given .
13 The Department may only grant the application if it considers that a failure to do so might prejudicially affect–
a the well-being of any person to whom the person concerned may give instruction in the driving of a motor vehicle; or
b the safety of road users.
14 The Department must, on making a decision under paragraph (12), give notice in writing of the decision to the person concerned, including, where it grants the application, particulars of the grounds of that decision.

60 Appeals to court of summary jurisdiction

1 A person who is aggrieved by a decision of the Department–
a under Article 59(2) to refuse an application for his registration or for the extension F66... of his registration;
b under Article 59(2) to terminate his registration;
c under Article 59(2) to confirm a direction or alter the period specified in a direction under Article 58;
d under Article 59(6) to direct that an application by the appellant to be registered shall not be entertained before the expiration of the period specified in the direction,
may by notice in writing appeal to the court within the period of 28 days beginning with the day on which notice of the decision was given in accordance with Article 59(3).
2 On an appeal under paragraph (1) the court may make such order–
a for the grant or refusal of the application;
b for the continuation or termination of the registration; or
c for the revocation or confirmation of the direction or the alteration of the period specified in the direction,
(as the case may be) as it thinks fit.
3 An order for refusal or termination under paragraph (2)(a) or (b) may direct that an application by the appellant to be registered F67... shall not be entertained before the expiration of such period, not exceeding 4 years beginning with the day on which the order is made, as may be specified in the order.
4 If the court considers that any evidence adduced on an appeal had not been adduced to the Department before it gave the decision to which the appeal relates, it may (instead of making an order under paragraph (2)) remit the matter to the Department for it to reconsider the decision.
5 A person who is aggrieved by a decision of the Department not to give a direction under Article 59(5) may by notice in writing appeal to the court within the period of 10 days beginning with the day on which notice of the decision is given.
6 The court shall determine an appeal under paragraph (5) by either–
a giving the direction concerned; or
b dismissing the appeal.
7 Where the Department has decided to refuse an application for the extension of a person's registration or to terminate a person's registration but either–
a it gave a direction under Article 59(5); or
b the court has given such a direction on appeal,
it may by notice in writing apply to the court for an order that the decision is to take effect immediately.
8 The court shall determine the Department's application under paragraph (7) by either granting or refusing the application.
9 The court may only grant the application if it considers that a failure to do so might prejudicially affect–
a the well-being of any person to whom the person concerned may give instruction in the driving of a motor vehicle; or
b the safety of road users.
10 On an appeal under paragraph (1) or (5) the respondent is the Department.
11 Except in so far as the procedure for appeals or applications is provided for in this Article, Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) shall apply to appeals and applications made under this Article.
12 In this Article, “the court” means a court of summary jurisdiction F30....

61 Regulations in respect of appeals

The Department may by regulations make such further provision in respect of appeals or applications under Article 59 or 60 as it considers necessary or expedient.

Examinations and training

62 Examinations

1 Regulations may make provision with respect to–
a the nature of examinations of the fitness and ability (or continued fitness and ability) to give driving instruction (which may consist of practical tests and other tests and means of assessment) and the administrative arrangements for submitting for such examinations;
b the qualification, selection and appointment of persons by whom they may be conducted, conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment and the revocation of any appointment;
c evidence of the results of such examinations; and
d the making available of information about the results of such examinations,
and generally with respect to such examinations.
2 In particular, the regulations may make provision–
a for requiring a person submitting himself for any part of an examination which consists of practical tests, to provide a safe and suitable vehicle for the purposes of the practical tests and for requiring that, if the vehicle is a vehicle of a prescribed description, the vehicle has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed;
b for the charging (whether on the making by a person of arrangements to submit himself for any part of an examination or otherwise) of reasonable fees for or in connection with the examination, or any part of it, and any inspection and certification of a vehicle required by regulations under sub-paragraph (a) in relation to any part of the examination;
c for requiring a person who desires to submit himself, or is required to submit himself, for an examination, or any part of it, to supply the Registrar with such particulars as the Department may determine; and
d for ensuring that a person submitting himself for an examination, or any part of it, and failing to pass it shall not be eligible to submit himself for another examination, or any part of it, by the same or any other person before the end of a prescribed period, unless in accordance with the power conferred on the Department by Article 63.

63 Review of examinations etc.

1 On the application of a person who has undergone a relevant instructor examination, or a part of a relevant instructor examination, the Department may determine whether the examination, or the part of the examination, was properly conducted.
2 In this Part “relevant instructor examination” means–
a an examination of ability and fitness referred to in Article 52(2)(a) or 53(6)(a);
b an examination of continued ability and fitness referred to in Article 52(4)(a) or 53(8)(a); or
c an emergency control assessment under Article 65.
3 If it appears to the Department that it was not properly conducted, the Department may–
a (except in the case of an emergency control assessment) Order that the applicant shall be eligible to submit himself for another examination before the end of the period prescribed under Article 62; and
b (in any case) Order that any fee payable by the applicant in respect of the examination shall not be paid, or, if it has been paid, shall be repaid.

64 Training

1 Regulations may provide that a person–
a shall not be permitted to take any part of a relevant instructor examination;
b shall not be registered; or
c shall not have his registration extended,
unless he has successfully completed training in accordance with the regulations.
2 Regulations may make provision in relation to training–
a by means of courses provided in accordance with the regulations;
b by means of study conducted in accordance with the regulations; and
c by any other prescribed means.
3 Regulations under this Article may include provision exempting persons from any requirement imposed by virtue of paragraph (1); and regulations including such provision may (in particular)–
a limit an exemption to persons in prescribed circumstances;
b attach conditions to an exemption;
c regulate applications for an exemption; and
d include provision for the evidencing by a person of his being within an exemption.
4 Regulations under this Article may provide that training is not to be taken into account for the purposes of the regulations if it was completed before such time as is prescribed.
5 Regulations under this Article may, in particular, include–
a provision about the nature of training;
b provision for the approval by the Department of persons providing training or giving instruction as part of training and the withdrawal of approval (including provision for appeals to a court of summary jurisdiction F31... against refusal and withdrawal of approval) and provision for exemptions from any requirement of approval;
c provision for the training or assessment, or the supervision of training or assessment, of persons providing training or giving instruction as part of training;
d provision for the evidencing of the successful completion of training; and
e provision authorising the Department to make available information about persons providing training or giving instruction as part of training.
6 Regulations under this Article may include provision for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Department by the regulations.

Disabled persons: emergency control certificates, etc.

65 Assessment of disabled person's ability to control a motor vehicle in an emergency

1 This Article applies to any person who, by or under any provision of this Part–
a is authorised to apply to undergo an emergency control assessment; or
b is required by the Registrar to submit himself for an emergency control assessment.
2 An emergency control assessment is an assessment of whether the person being assessed would be able either–
a to take control of a motor vehicle of a class covered by his disabled person's limited driving licence without any modifications; or
b to take control of a motor vehicle of a class covered by his disabled person's limited driving licence only with appropriate modifications of such a motor vehicle;
if an emergency arose while he was giving, in such a motor vehicle, instruction in the driving of an appropriate motor vehicle.
3 Where a person is authorised to apply to undergo an emergency control assessment, for his application to be duly made, it must be made to the Department and must include–
a a declaration by the person making the application, in such form as the Department may require, stating every relevant disability or prospective disability from which the person is suffering or has at any time (or, if a period is prescribed by regulations, has during that period) suffered; and
b such other particulars as the Department may require.
4 Where a person is required to submit himself for an emergency control assessment he must furnish to the Department such particulars as the Department may require.
5 Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Department, or such other person as the Department may specify, in respect of that assessment.
6 An emergency control assessment–
a shall be conducted by a person appointed by the Department (in this Article referred to as “the assessor”); and
b shall consist of such practical tests and other means of assessment as the Department may determine.
7 On completing an emergency control assessment of a person, the assessor shall grant him an emergency control certificate if he is satisfied either–
a that, in the circumstances mentioned in paragraph (2), that person would be able to take control of a motor vehicle of a class covered by his disabled person's limited driving licence without any modifications; or
b that, in the circumstances mentioned in paragraph (2), that person would be able to take control of a motor vehicle of a class covered by his disabled person's limited driving licence only with appropriate modifications of such a motor vehicle,
but if the assessor is not so satisfied, he shall refuse to grant a certificate to that person.
8 An emergency control certificate granted to any person–
a shall specify the class of motor vehicle covered by his disabled person's limited driving licence in relation to which the assessor is satisfied as mentioned in paragraph (7)(a) or (b), specifying, in a case falling within sub-paragraph (b) the modifications that are appropriate; and
b may include a recommendation that the person should undergo a further emergency control assessment after the end of such period as is specified in the certificate,
and shall otherwise be in such form as the Department may determine.
9 Different modifications for different classes of motor vehicle may be specified under paragraph (8)(a).
10 The assessor who has assessed any person under this Article–
a if he grants an emergency control certificate, shall–
i give or send the certificate to that person; and
ii send a copy of the certificate to the Registrar; and
b if he refuses to grant such a certificate, shall–
i give notice in writing to that person of his decision and of the reasons for it; and
ii send a copy of the notice to the Registrar.

66 Further assessments

1 A person who has undergone an emergency control assessment may not apply to undergo a further assessment until after the end of–
a the period of 6 months beginning with the date of his most recent previous assessment; or
b such other period as may be prescribed by regulations,
unless, by virtue of Article 53(8)(c) or paragraph (2), he is required by the Registrar to submit himself for a further assessment.
2 A person who is not registered but who holds a current emergency control certificate shall, if at any time required to do so by the Registrar, submit himself for a further emergency control assessment on the day (within such period as may be prescribed by regulations) and at the place specified by the Registrar.
3 In considering whether to exercise, in respect of any person, his power under paragraph (2), the Registrar shall have regard to any recommendation included in that person's current emergency control certificate as to the period after the end of which he should undergo a further emergency control assessment.
4 A person who–
a holds a current emergency control certificate; but
b wishes to undergo a further emergency control assessment with a view to establishing his ability to control any class of motor vehicle not specified in his current certificate,
may, with the consent of the Registrar and subject to paragraph (1), apply to undergo a further assessment; but a person applying to undergo a further assessment under this paragraph shall not be required to make the declaration required by Article 65(3)(a).
5 An application made under paragraph (4) for the consent of the Registrar shall be made in such manner and be accompanied by such particulars as the Registrar may require.
6 If, as a result of undergoing a further emergency control assessment, a person is granted a fresh emergency control certificate the grant of that certificate shall, with effect from the date on which it is notified as taking effect, revoke the previous certificate.
7 If, in the case of an emergency control assessment conducted in respect of a person who holds a current emergency control certificate, the assessor is not satisfied as to either of the matters specified in sub-paragraphs (a) and (b) of Article 65(7), he shall revoke the certificate.
8 Where a person's emergency control certificate is revoked under paragraph (7) the assessor shall–
a serve notice in writing on him specifying–
i the grounds for the revocation; and
ii the date, not being earlier than the date of service of the notice, on which the revocation is to take effect; and
b send a copy of the notice to the Registrar.
9 In this Article “assessor” has the same meaning as in Article 65.

67 Duty to disclose further disability

1 If at any time a registered disabled instructor becomes aware–
a that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Department under Article 53(3) or Article 65(3) or (4); or
b that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since his current emergency control certificate was granted,
he must forthwith notify the Registrar in writing of the nature and extent of his disability.
2 Paragraph (1) does not require a person to notify the Registrar if–
a the disability is one from which he has not previously suffered; and
b he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of 3 months beginning with the date on which he first becomes aware that he suffers from it.
3 A person who fails without reasonable excuse to notify the Registrar as required by paragraph (1) is guilty of an offence.

68 Offences relating to giving by disabled person of paid driving instruction

1 No registered disabled instructor shall give paid instruction in the driving of a motor vehicle unless he is the holder of a current emergency control certificate.
2 No registered disabled instructor shall give, in any unauthorised motor vehicle, paid instruction in the driving of a motor vehicle.
3 Where a registered disabled instructor gives instruction in contravention of this Article–
a the instructor;
b if the instructor is employed by another person to give that instruction, that other person (as well as the instructor); and
c if the instructor is a franchisee under a driving instruction franchise, the franchisor (as well as the instructor),
is guilty of an offence.
4 In paragraph (2) “unauthorised motor vehicle”, in relation to any person, means a motor vehicle other than one which falls within the class of motor vehicle specified in his current emergency control certificate and, where modifications are specified in that certificate, is modified in accordance with the specification.

General and supplemental

69 Power to alter registration period

1 Regulations may F68... alter–
a the period at the end of which a person's registration is terminated (unless extended or further extended);
b the period for which a person's registration may be extended or further extended; and
c the period before the end of which it may be directed that any application by a person to be registered shall not be entertained.
2 Regulations under this Article may amend this Part.

70 Evidence of registration

1 Regulations may prescribe–
a certificates or other items that may be issued to registered persons to be displayed as evidence of their registration; and
b a title or other description which may be used as such evidence.
2 If at any time a person who is not registered—
a displays a certificate or other item prescribed under paragraph (1);
b uses a title or other description prescribed under paragraph (1)(b); or
c uses a title, certificate or other description implying that he is registered,
he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that he was not registered at that time.
3 If a person carrying on business in the provision of driving instruction at any time–
a uses a title or other description prescribed under paragraph (1)(b) F70... in relation to any relevant person who is not appropriately registered;F33... or
b issues any advertisement or invitation calculated to mislead with respect to the extent to which relevant persons are appropriately registered; F72...
F72c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that the relevant person was, or relevant persons were, not appropriately registered at that time.
4 For the purposes of paragraph (3)–
a a relevant person is a person who is employed by the person carrying on business to give driving instruction, or is a franchisee giving driving instruction under a driving instruction franchise under which that person is the franchisor; and
b a relevant person is appropriately registered if he is registered in respect of the giving of the description of driving instruction which he is employed to give or which is given to him under the driving instruction franchise.

71 Surrender of certificates etc.

Where the registration of a person to whom a certificate or other item prescribed under Article 70(1)(a) has been issued is terminated, that person must, if so required by the Registrar by notice in writing, surrender the certificate or other item to the Registrar within the period of 14 days beginning with the day on which the notice is given and, if he fails to do so, he is guilty of an offence.

72 Production of certificates etc. to constables and authorised persons

1 A person to whom a certificate or other item prescribed under Article 70 is issued must, on being so required by a constable or any person authorised in writing by the Department in that behalf, produce the certificate or other item for examination.
2 Where–
a a person's registration is terminated; and
b he fails to satisfy an obligation imposed on him by Article 71,
a constable or a person authorised in writing by the Department in that behalf may require him to produce any such certificate or other item issued to him, and upon its being produced may seize it and deliver it to the Registrar.
3 A person who is required under paragraph (1) or (2) to produce a certificate or other item and fails to do so is, subject to paragraph (4), guilty of an offence.
4 In proceedings against any person for an offence under paragraph (3), it shall be a defence for him to show that–
a within 7 days beginning with the day following that on which the production of the certificate or other item was so required, it was produced–
i where the requirement was made by a constable, at a police station specified at the time the production was required by the person required to produce the certificate or other item;
ii where the requirement was made by a person other than a constable, at a place specified at that time by that person; or
b the certificate or other item was produced at that police station or, as the case may be, place as soon as was reasonably practicable; or
c it was not reasonably practicable for it to be produced at that police station or, as the case may be, place before the day on which the proceedings were commenced,
and for the purposes of this paragraph the service of a summons on the accused shall be treated as the commencement of the proceedings.

73 Offences by corporations

Section 20(2) and (3) of the Interpretation Act (Northern Ireland) 1954 (c. 33) (offences by corporations) shall apply to this Part as if the requirement for consent in subsection (3) were omitted.

74 Service of notices

For the purposes of section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) (service of documents) a person's usual or last known place of abode or business shall be, in the case of a person whose name is included in the register, his address on the register.

75 Fees

1 Regulations may make provision for the payment of such fees (if any) as may be prescribed in connection with registration or extension of registration.
2 Regulations may make provision for the repayment (in whole or in part) of any fee payable by virtue of any provision of this Part in such circumstances as may be prescribed.
3 The power to make regulations under paragraph (1) is, in the case of fees payable by persons entitled to give paid driving instruction of any description by virtue of Part 2 of the Regulations of 2023, subject to regulation 13 of those Regulations.

76 Regulations

Regulations under any provision of this Part–
a shall be subject to negative resolution;
b may make incidental, supplementary, consequential or transitional provision or savings.

77 Application to Crown

1 Subject to paragraph (2), the provisions of this Part apply to vehicles and persons in the public service of the Crown.
2 The Department may make regulations exempting from the provisions of this Part, or of any regulation made under this Part, vehicles and persons in the public service of the Crown.

I678 Offences

The entries set out in Schedule 6 relating to offences under this Part shall be added at the end of Part I of Schedule 1 to the Offenders Order.

PART VI  MISCELLANEOUS

79 Removal of requirement for Department of Finance and Personnel to approve certain matters relating to charging of fees by Department

1 The statutory provisions listed in paragraphs (2) and (3) (which require the Department of Finance and Personnel to approve certain matters relating to the charging of fees by the Department) shall cease to have effect.
2 In the Transport Act (Northern Ireland) 1967 (c. 37)–
a in section 9(1) (fees for road service licences) the words “, with the approval of the Ministry of Finance,”;
F9b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In the Order of 1981–
a Article 19C(3) (fees under regulations);
b in Article 66(1)(a) (fees for licences for public service vehicles) the words “, subject to the approval of the Department of Finance,”;
c in Article 79A(2) (fees for taxi drivers' licences) the words “with the approval of the Department of Finance and Personnel”;
d in Article 80 (repayment of fees) the words “, with the approval of the Department of Finance,”;
e in Article 132(2)(a) (fees to be paid for registration as approved driving instructor) the words “, with the approval of the Department of Finance,”;
f in Article 132(2)(d) (fees to be paid for application for examination as approved driving instructor) the words “with the approval of the Department of Finance”;
g in Article 135(2)(a) (fees to be paid for approved driving instructor licence) the words “, with the approval of the Department of Finance,”.

80 Funding for automatic number plate recognition

1 The Secretary of State may make payments in respect of the whole or any part of the expenditure of a public authority in relation to–
a the prevention or detection of offences to which paragraph (2) applies; or
b any enforcement action or proceedings in respect of such offences or any alleged such offences.
2 This paragraph applies to offences committed under the following provisions–The Vehicle Excise and Registration Act 1994 (c. 22)
  • section 33 (not exhibiting vehicle licence);
  • section 42 (not fixing registration mark);
  • section 43 (obscured registration mark);
  • section 43C (using an incorrectly registered vehicle);
  • section 59 (regulations: offences) in relation to the requirements imposed by regulation 11 of the Road Vehicles (Display of Registration Marks) Regulations 2001 (SI 2001/561);
The Road Traffic (Northern Ireland) Order 1981 (NI 1)
  • Article 3(1) (drivers of motor vehicles to have driving licences);
  • Article 90 (users of motor vehicles to be insured or secured against third-party risks);
  • Article 177 (identification of drivers or owners of, and passengers in, vehicles);
  • Article 180(1) (power of constable in uniform to stop vehicles);
The Road Traffic (Northern Ireland) Order 1995 (NI 18)
  • Article 23 (requirements regarding seat belts: adults);
  • Article 24(2) and (5) (restriction on carrying children not wearing seat belts in motor vehicles);
  • Article 58 (motor vehicles and trailers: other construction and use requirements) in relation to the construction and use requirements imposed by the following regulations–
  •     (a) The Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (SR 1999/454)
  •     (b) The Road Vehicle Lighting Regulations (Northern Ireland) 2000 (SR 2000/169);
  • Article 63 (obligatory test certificates for motor vehicles).
3 Payments under this Article shall be made at such times, in such manner and subject to such conditions as the Secretary of State may determine.
4 The Secretary of State may by order amend paragraph (2) by making additions to or deletions from the list of offences for the time being set out there.
5 An order made under this Article shall be subject to [F7negative resolution].
6 In paragraph (2) “construction and use requirements” has the meaning given by Article 53 of the Order of 1995.
7 In this Article “public authority” means–
a the Policing Board;
b a Northern Ireland department;
c any other body which exercises functions of a public nature.

81 Disclosure of information about insurance status of vehicles

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82 Departments' functions as to road safety

1 Article 52 of the Order of 1995 (powers of Department as to giving road safety information and training) is amended as follows–
a in paragraph (3)(b), omit the words from “the construction, improvement, maintenance or repair of roads” to the end;
b omit paragraph (3)(c);
c after paragraph (3) insert–
.
2 After that Article insert–
.

83 Regulations prohibiting the grant of excise licences unless evidence of insurance or security

After Article 97 of the Order of 1981 (requirements as to production of certificate of insurance or of security) insert–
.

84 Alteration of penalties

Any provision of this Order which alters any penalty for an offence has effect only in relation to offences committed after the coming into operation of the provision.

85 Power to make consequential provisions

1 The Department may by order subject to negative resolution make such amendments (including repeals and revocations) as may appear appropriate in consequence of any provision contained in this Order in any Northern Ireland legislation passed or made before the provision comes into operation.
2 An order under paragraph (1) may include any appropriate transitional provisions or savings.

I786 Amendments and repeals

1 Schedule 7 (which contains minor and consequential amendments) shall have effect.
2 The statutory provisions specified in Schedule 8 are repealed to the extent specified.

SCHEDULES

I16SCHEDULE 1 

PROHIBITION ON DRIVING: IMMOBILISATION, REMOVAL AND DISPOSAL OF VEHICLES

Article 13

Cases to which regulations may apply

I171
1 The Department may make regulations with respect to any case where, on or after such date as may be prescribed, the driving of a vehicle has been prohibited under–
a Article 84 of the Order of 1981 (foreign vehicles);
b Article 77 or 79 of the Order of 1995 (unfit or overloaded vehicles); or
c Article 91E of the Offenders Order (failure to make payment of financial penalty deposit);
2 Regulations under this Schedule are subject to negative resolution.

Immobilisation

I182
1 The regulations may provide that an authorised person or a person acting under his direction may–
a fix an immobilisation device to the vehicle, and
b move the vehicle, or direct it to be moved, for the purpose of enabling an immobilisation device to be fitted it.
2 The regulations may provide that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations the person fixing the device must also fix to the vehicle a notice–
a indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device,
b specifying the steps to be taken to secure its release, and
c giving such other information as may be prescribed.
3 The regulations may provide that a vehicle to which an immobilisation device has been fixed in accordance with the regulations–
a may only be released from the device by or under the direction of an authorised person, but
b subject to that, must be released from the device if the first and second requirements specified below are met.
4 The first requirement is that such charge in respect of the release as may be prescribed is paid in any manner specified in the immobilisation notice.
5 The second requirement is that, in accordance with instructions specified in the immobilisation notice, there is produced such evidence as may be prescribed establishing that the prohibition has been removed.
6 The regulations may provide that they do not apply in relation to a vehicle if–
a a current disabled person's badge is displayed on the vehicle, or
b such other conditions as may be prescribed are fulfilled,
and “disabled person's badge” means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 44) or a recognised badge within the meaning given by section 14A of that Act.
7 The regulations may provide that an immobilisation notice is not to be removed or interfered with except by or on the authority of a person falling within a prescribed description.

Offences connected with immobilisation, etc.

I193
1 The regulations may provide that a person who fails to comply within a reasonable time with a direction under provision made under paragraph 2(1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2 The regulations may provide that a person contravening provision made under paragraph 2(7) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
3 The regulations may provide that a person who, without being authorised to do so in accordance with provision made under paragraph 2, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4 The regulations may provide that where they would otherwise have applied in relation to a vehicle but for provision made under paragraph 2(6)(a) and the vehicle was not, at the time at which they would otherwise have applied, being used–
a in accordance with regulations under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 44), and
b in circumstances falling within section 14B(1)(b) of that Act (use where a disabled person's concession would be available),
the person in charge of the vehicle at that time is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5 The regulations may provide that where–
a a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations,
b the declaration is that the prohibition has been removed, and
c the declaration is to the person's knowledge either false or in any material respect misleading,
he is guilty of an offence.
6 The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (5) is liable–
a on summary conviction, to a fine not exceeding the statutory maximum, or
b on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.

Removal and disposal of vehicles

I204
1 The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may remove the vehicle or direct it to be removed.
2 The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may deliver the vehicle, or direct it to be delivered, into the custody of a person–
a who is identified in accordance with prescribed rules, and
b who agrees to accept delivery in accordance with arrangements agreed between that person and the Department,
and the arrangements may include provision as to the payment of a sum to the person into whose custody the vehicle is delivered.
3 The regulations may make provision for such persons as may be prescribed to be informed that a vehicle has been removed and delivered into a person's custody and may, in particular, include provision requiring–
a the publication by an authorised person of such notices as may be prescribed, and
b the giving of notice by an authorised person to such persons as may be prescribed.
4 The regulations may provide that the person into whose custody the vehicle is delivered may dispose of it, and may in particular make provision as to–
a the time at which the vehicle may be disposed of, and
b the manner in which it may be disposed of.
5 The regulations may make provision allowing a person to take possession of the vehicle if–
a he claims it before it is disposed of, and
b any prescribed conditions are fulfilled.
6 The regulations may provide for a sum of an amount arrived at under prescribed rules to be paid to a person if–
a he claims after the vehicle's disposal to be or to have been its owner or to have been the person in charge of the vehicle when it was removed,
b the claim is made within a prescribed time of the disposal, and
c any other prescribed conditions are fulfilled.
7 The regulations may provide that (whether or not a claim is made under provision made under sub-paragraph (5) or (6))–
a the Department, or
b a person into whose custody the vehicle is delivered under the regulations,
may recover from the vehicle's owner or the person in charge of the vehicle such charges as may be prescribed in respect of all or any of its release, removal, custody and disposal.
8 In sub-paragraph (7) “person in charge” and “owner”, in relation to a vehicle, means the person who was in charge of the vehicle or was the vehicle's owner when it was removed.
9 The conditions prescribed under sub-paragraph (5) may include conditions as to–
a satisfying the person with custody that the claimant is the vehicle's owner or was the person in charge of the vehicle when it was removed,
b the payment of prescribed charges in respect of the vehicle's release, removal and custody, and
c the production of such evidence as may be prescribed establishing that the prohibition has been removed.
10 The regulations may in particular include provision for purposes corresponding to those of Articles 51 to 54 of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) (disposal and charges) subject to such additions, omissions or other modifications as the Department thinks fit.

Offences as to securing possession of vehicles

I215
1 The regulations may provide that a person who fails to comply within a reasonable time with a direction under provision made under subparagraph (1) or (2) of paragraph 4 is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2 The regulations may provide that where–
a a person makes a declaration with a view to securing possession of a vehicle purported to have been delivered into the custody of a person in accordance with provision made under paragraph 4,
b the declaration is that the prohibition has been removed, and
c the declaration is to the person's knowledge either false or in any material respect misleading,
he is guilty of an offence.
3 The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (2) is liable–
a on summary conviction, to a fine not exceeding the statutory maximum, or
b on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.

Disputes

I226The regulations may make provision about the proceedings to be followed where a dispute occurs as a result of the regulations, and may in particular make provision–
a for an application to be made to a court of summary jurisdiction, or
b for a court to order a sum to be paid by the Department.

Authorised persons

I237As regards anything falling to be done under the regulations (such as receiving payment of a charge or other sum) the regulations may provide that it may be done–
a by an authorised person, or
b by an authorised person or a person acting under his direction.

Application of Offenders Order

I248The regulations may make provision for the application of any or all of Articles 5, 10, 14 and 15(1)of the Offenders Order to an offence for which provision is made by the regulations.

Interpretation

I259References in this Schedule to a vehicle include references to any trailer drawn by the vehicle.
I2610
1 This paragraph makes provision about the meaning of “authorised person” for the purposes of this Schedule.
2 Where the driving of the vehicle has been prohibited under Article 84 of the Order of 1981 “authorised person” means an authorised officer within the meaning of Part VII of the Order of 1981.
3 Where the driving of the vehicle has been prohibited under Article 77 of the Order of 1995 “authorised person” means a vehicle examiner (within the meaning of Part III of that Order).
4 Where the driving of the vehicle has been prohibited under Article 79 of the Order of 1995 “authorised person” means–
a a vehicle examiner (within the meaning of Part III of that Order); or
b a constable authorised to act for the purposes of paragraph (1) of that Order by or on behalf of the Chief Constable.
5 Where the driving of the vehicle has been prohibited under Article 91E of the Offenders Order, “authorised person” means–
a a vehicle examiner (within the meaning of Part III of that Order); or
b a constable.
I2711In this Schedule–
a references to an immobilisation device are to a device or appliance which is–
i designed or adapted to be fixed to a vehicle for the purpose of preventing it from being driven or otherwise put in motion; and
ii of a type approved by the Department for use for that purpose; and
b references to an immobilisation notice are to a notice fixed to a vehicle in accordance with the regulations.
I2812In this Schedule “prescribed” means prescribed by the regulations.
I2913
1 The regulations may make provision as to the meaning for the purposes of the regulations of “owner” as regards a vehicle.
2 In particular, the regulations may provide that for the purposes of the regulations the owner of a vehicle is taken to be the person in whose name it is then registered under the Vehicle Excise and Registration Act 1994 (c. 22).

SCHEDULE 2 

GIVING OF FIXED PENALTY NOTICES BY VEHICLE EXAMINERS ETC.

Article 16

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

1Part IV of the Offenders Order (fixed penalties) is amended as follows.
2In Article 55(1) (interpretation), after the definition of “proceedings” insert–
.
3In Article 58(3)(c) (fixed penalty notice must state to whom and where fixed penalty may be paid) for “the clerk of petty sessions” substitute “ the person to ”.
4In Article 60 (notices on-the-spot or at a police station)–
a in the heading, for “or at a police station” substitute “ etc. ”;
b in paragraph (1), after “uniform” insert “ , or a vehicle examiner who produces his authority, ”;
c in paragraph (2), after “constable” insert “ or vehicle examiner ”;
d in paragraph (3), after “constable” in each place, insert “ or vehicle examiner ”;
e in paragraph (4)–
i after “constable” in the first 3 places, insert “ or vehicle examiner ”;
ii for “, within 7 days after the notice is given, he produces” substitute “ he delivers ”; and
iii for the words from “person to” to “person concerned)” substitute “ accordance with paragraph (4A ”;
f after that paragraph insert–
;
g in paragraph (5)–
i for “produces” substitute “ delivers ”;
ii for the words from “person to a” to “to him” substitute “ accordance with paragraph (4A) ”;
iii in sub-paragraph (a) and in the words following sub-paragraph (b), for “constable or authorised person” substitute “ person to whom the notice under paragraph (4) is delivered ”;
iv omit “he surrenders”; and
v for “to the constable or authorised person” substitute “ are delivered ”;
h in paragraph (7)–
i after “surrendered” insert “ or delivered ”; and
ii insert at the end “ if the fixed penalty notice was given by a constable or authorised person ”.
5In Article 62 (licence receipts)–
a in paragraph (1)–
i for “constable or authorised person” substitute “ person ”; and
ii after “surrenders” insert “ or delivers ”;
b in paragraph (2)–
i for “The” substitute “ Where the duty in Article 60(7) applies, the ”; and
ii after “surrendered” insert “ or delivered ”;
c in paragraph (3)–
i for “by a constable or authorised person” substitute “ under paragraph (1) ”; and
ii for “by the fixed penalty clerk” substitute “ under paragraph (2) ”.
6In Article 63 (endorsement of licences without hearings)–
a in paragraph (1), for the words from “has surrendered” to “Article 60”, substitute “ has been given a fixed penalty notice under Article 60 in respect of an offence involving obligatory endorsement, ”;
b in paragraph (3), for “fixed penalty clerk” substitute “ person to whom it is paid ”;
c in paragraph (4) for “fixed penalty clerk” substitute “ person to whom the fixed penalty is required to be paid ”;
d in paragraph (6)–
i for “On endorsing” substitute “ Where the endorsement of ”; and
ii after “Article” insert “ is made by the fixed penalty clerk ”.
7In Article 66 (fixed penalty notice mistakenly given: exclusion of fixed penalty procedures)–
a in paragraph (1)–
i for “sent to him under Article 60(7)” substitute “ surrendered or delivered under Article 60 ”; and
ii after “clerk” insert “ or the Department ”;
b in paragraph (2)–
i omit “fixed penalty clerk must not endorse the”;
ii before “under” insert “ must not be endorsed ”; and
iii after “but” insert “ if it was sent to the fixed penalty clerk he ”.
8In Article 67(1) (fixing notices to vehicles), after “constable” insert “ or a vehicle examiner ”.
9In Article 68 (service of notice to owner if penalty not paid)–
a in paragraph (2), for “Chief Constable” substitute “ relevant person ”;
b after that paragraph insert–
;
c in paragraph (4)(c), for “Chief Constable” substitute “ relevant person ”.
10In Article 71 (hired vehicles)–
a in paragraph (1)(c), for “Chief Constable” substitute “ relevant person ”;
b in paragraph (5), for “Chief Constable” substitute “ person ”;
c in paragraph (8), after the definition of “hiring agreement” insert–
.
11In Article 73(4) (meaning of “official form”), after “Chief Constable” insert “ or the Department ”.
12In Article 74 (payment of penalty)–
a in paragraph (1), for “Payment of a fixed penalty under this Part” substitute “ Where a fixed penalty notice has been given or fixed by a constable or authorised person under this Part, payment of the fixed penalty ”;
b after that paragraph insert–
;
c in paragraph (3), after “clerk” insert “ , or the Department, ”.
13In Article 75 (registration certificates)–
a in paragraph (2), for “Chief Constable” substitute “ relevant person ”;
b after that paragraph insert–
;
c in paragraph (3), for “the Chief Constable, or a person authorised by him to act in that behalf,” substitute “ a person ”.
14In Article 77 (notices on-the-spot or at a police station: when registration and endorsement invalid)–
a in the heading, for “or at a police station” substitute “ etc. ”;
b in paragraph (4), after “surrendered” insert “ or delivered ”.
15In Article 78 (notices fixed to vehicles: when registration invalid)–
a in paragraph (4) for “Chief Constable” in both places substitute “ relevant person ”;
b after that paragraph insert–
;
c in paragraph (5), omit–
i “by or on behalf of the Chief Constable”; and
ii “such”;
d in paragraph (7)–
i omit “by or on behalf of the Chief Constable”; and
ii for “he” substitute “ the person by whom it is served ”.
16In Article 80 (issue of conditional offer)–
a after paragraph (1) insert–
;
b in paragraph (3), for “person issues a conditional offer” substitute “ conditional offer is issued by a person under paragraph (1) ”;
c in paragraph (5) for–
i “the fixed penalty clerk”, and
ii “that clerk”, in both places,
substitute “ the appropriate person ”;
d after paragraph (6) insert–
;
17In Article 81 (effect of offer and payment of penalty)–
a in paragraph (1), for “sent” substitute “ issued ”;
b for paragraphs (2) to (5) substitute–
;
c in paragraph (6), for “(4)(b)” substitute “ (3)(a) ”;
d in paragraph (7), for–
i “the fixed penalty clerk”; and
ii “that clerk”,
substitute “ the appropriate person ”;
18In Article 82 (endorsement where penalty paid)–
a in sub-paragraph (a) of paragraph (1), for–
i “the fixed penalty clerk”; and
ii “the clerk”,
substitute “ the appropriate person ”;
b for sub-paragraph (b) of that paragraph substitute–
;
c in the words following that sub-paragraph, for “clerk” substitute “ appropriate person ”;
d in paragraph (2)–
i in sub-paragraph (a), for “fixed penalty clerk” substitute “ appropriate person ”;
ii in sub-paragraph (b), for “the fixed penalty clerk” substitute “ unless the appropriate person is the Department, the appropriate person ”;
e in paragraph (3), for “after a notice has been given in pursuance of paragraph (2)(b)” substitute “ where paragraph (2) applies ”;
f in paragraph (5), for “The fixed penalty clerk” substitute “ Where the appropriate person is the fixed penalty clerk, he ”.
19In Article 84 (statements by constables)–
a in paragraph (1)–
i after “constable”, in the first place, insert “ or vehicle examiner ”;
ii for “constable's” substitute “ relevant ”; and
iii omit “constable or authorised”;
b in paragraph (2)–
i for “constable's” substitute “ relevant ”; and
ii after “Policing Board” insert “ or on behalf of the Department ”;
c in paragraphs (4) and (5), for “constable's” substitute “ relevant ”;
d in paragraph (6)(b) for “production of the notice under Article 60(5) at a police station in accordance with that Article” substitute “ delivery of the notice ”.
20In Article 85 (certificates about payment), for “fixed penalty clerk”, in both places, substitute “ person to whom it was required to be paid ”.
21In Article 87 (powers of court where clerk deceived)–
a in the heading, for “where clerk deceived” substitute “ in cases of deception ”;
b in paragraph (1)–
i in sub-paragraph (a), after “fixed penalty clerk” insert “ or the Department ”; and
ii in sub-paragraph (b), for the words from “the fixed penalty clerk” to “the counterpart” substitute “ the appropriate person is deceived as to whether proceedings against the person are excluded by Article 81 ”.
22In Article 88(1) (regulations) for “or 80(1)” substitute “ 80(1) or (1A) or 81(3)(c) or (4)(b) ”.

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

23In Article 4 (surrender of licences)–
a in paragraph (3)–
i in sub-paragraph (a)–
A after “Offenders Order” insert “ , retained by a vehicle examiner under that Article ”; and
B for “fixed penalty clerk”, in the second place where it occurs, substitute “ appropriate person ”;
ii in sub-paragraphs (c), (d) and (f), for “fixed penalty clerk” substitute “ appropriate person ”;
b in paragraph (4)–
i omit “, the fixed penalty clerk”;
ii in sub-paragraph (a), insert at the beginning “ the appropriate person ”; and
iii in sub-paragraph (b), insert at the beginning “unless the appropriate person is the Department, he”;
c in paragraph (5), omit “by the fixed penalty clerk”;
d after paragraph (6) insert–
.
24In Article 5 (revocation of licences)–
a in paragraph (1) for “(4)” substitute “ (4)(b) ”;
b after that paragraph insert–
;
c in paragraph (1A), after “paragraph (1)” insert “ or (1ZA) ”;
d in paragraph (1B), after “section 3(1)” insert “ or (1ZA) ”;
e in paragraph (2), for “paragraph (1) or (1B)” substitute “ this Article ”.
25In Schedule 1 (newly qualified drivers holding test certificates)–
a in paragraph 1, after sub-paragraph (2) insert–
;
b in paragraph 3(4)–
i in head (a), for “fixed penalty clerk” in both places substitute “ appropriate person ”;
ii in head (c), for “fixed penalty clerk” substitute “ appropriate person ”; and
iii in the words following head (c), for “fixed penalty clerk to whom the payment is made” substitute “ appropriate person ”;
c in paragraph 4(3)–
i in head (b), for “fixed penalty clerk” substitute “ appropriate person ”; and
ii for the words following head (c) substitute “ Article 4(4) does not apply but if the appropriate person is the fixed penalty clerk sub-paragraph (4) applies instead. ”;
d in paragraph 5–
i after sub-paragraph (1) insert–
;
ii in sub-paragraph (1A), after “sub-paragraph (1)” insert “ or (1ZA) ”;
iii in sub-paragraph (1B), after “paragraph 5(1)” insert “ or (1ZA) ”;
iv in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “ this paragraph ”;
e in paragraph 6(1), after “paragraph 5(1)” insert “ or (1ZA) ”;
f in paragraph 7–
i in sub-paragraph (3)(b), for “fixed penalty clerk” substitute “ appropriate person ”; and
ii in sub-paragraph (4)–
A for “fixed penalty clerk” substitute “ appropriate person ”; and
B at the beginning of head (b) insert “ unless the appropriate person is the Department, ”;
g in paragraph 8–
i after sub-paragraph (1) insert–
;
ii in sub-paragraph (1A), after “sub-paragraph (1)” insert “ or (1ZA) ”;
iii in sub-paragraph (1B), after “paragraph 8(1)” insert “ or (1ZA) ”; and
iv in sub-paragraph (2), for “sub-paragraph (1) or (1B)” substitute “ this paragraph ”;
h in paragraph 9, after “paragraph 8(1)” insert “ or (1ZA) ”;
i in paragraph 10(a), after–
i “paragraph 5(1)”; and
ii “paragraph 8(1)”,
insert “ or (1ZA) ”.

SCHEDULE 3 

NEW SCHEDULE 2A TO THE ORDER OF 1981

Article 25.

 

.

SCHEDULE 4 

ENDORSEMENT: UNLICENSED AND FOREIGN DRIVERS: CONSEQUENTIAL AMENDMENTS

Article 39

The Child Support (Northern Ireland) Order 1991 (NI 23)

1In Article 37A(9) (disqualification from driving: further provision), for “the driving” substitute “ any driving ”.

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

2In Article 30(3) (penalty points to be attributed to an offence) for “or 82(4)” substitute “ , 63A(6), 82(4) and 82A(6) ”.
3In Article 31(1)(b) (penalty points to be taken into account on conviction) after “him” insert “ or on his driving record ”.
4In Article 32 (penalty points: modification where fixed penalty also in question)–
a in paragraph (1)(b)–
i after “licence” insert “ or his driving record ”, and
ii for “or 82” substitute “ , 63A, 82 or 82A ”;
b in paragraph (2)(b)–
i after “licence” insert “ or on his driving record ”, and
ii for “or 82” substitute “ , 63A, 82 or 82A ”.
5For Article 33 (court may take particulars endorsed on licence into consideration) substitute–
.
6In Article 41 (disqualification until test passed) after paragraph (10) insert–
.
7In Article 47 (removal of disqualification)–
a in paragraph (6), for sub-paragraph (a) substitute–
;
b in paragraph (7), for “(6)(a)” substitute “ (6)(a)(i) ”;
c after that paragraph insert–
;
d In paragraph (8), after “paragraph” insert “ (6)(a)(ii) or ”.
8In Article 50 (effect of endorsement)–
a in the heading, insert at the end “ of counterparts ”;
b in paragraph (1) omit the words “, whether he is at the time the holder of a licence or not,”.
9After Article 50 insert–
.
10In Article 51 (combination of disqualification and endorsement with certain other orders)–
a in paragraph (1), for “or 49” substitute “ ,49 or 49A ”;
b in paragraph (2)(b), insert at the end “ or on his driving record ”.
11In Article 52 (supplementary provisions as to disqualification and endorsements)–
a in paragraph (3), after “licence” insert “ or driving record ”;
b after that paragraph insert–
.
12In Article 53(1)(b) and (2)(b) (exemption from disqualification and endorsement for certain construction and use offences) after “him” insert “ or on his driving record ”.
13In Article 60 (notices on-the-spot etc.)–
a in paragraph (2), for “paragraph (3)” substitute “ the following provisions of this Article ”;
b in paragraph (3), after “endorsement” insert “ , and the person is the holder of a licence ”;
c in paragraph (4)–
i for the word “and” at the end of sub-paragraph (a) substitute–
,
ii in sub-paragraph (b), for “the person concerned” substitute “ he ”;
d in paragraph (6), after “paragraph (4)” insert “ or (5C) ”;
e in paragraph (9), for “paragraphs (3)(b) and (5)(a)” substitute “ this Article ”.
14In Article 63 (endorsement of licenses without hearings)–
a in the heading, for “licences” substitute “ counterparts ”;
b in paragraph (1), after “a person” insert “ who is the holder of a licence ”.
15In Article 64 (effect of endorsement without hearing) in the heading, after “endorsement” insert “ of counterpart ”.
16After Article 64 insert–
.
17In Article 66 (fixed penalty notice mistakenly given: exclusion of fixed penalty procedures) in the heading, after “given” insert “ to licence holder ”.
18After Article 66 insert–
.
19In Article 74(5) (payment of penalty) for “82” substitute “ 82A ”.
20In Article 77 (notices on-the-spot etc.: when registration and endorsement invalid)–
a After paragraph (4) insert–
;
b in paragraph (5)(a), after “63” insert “ or 63A ”;
c after paragraph (6) insert–
.
21In Article 80 (issue of conditional offer)–
a in paragraph (2), for “and 82” substitute “ ,82 and 82A ”;
b in paragraph (3), for “and 82” substitute “ , 82 and 82A ”;
c in paragraph (5), after “conditional offer” insert “ sent to an alleged offender who is the holder of a licence ”;
d after that paragraph insert–
;
e in paragraph (6)–
i for “condition” substitute “ conditions ”; and
ii after “(5)(b)” insert “ and (5A)(b) ”;
f in paragraph (7), for “and 82” substitute “ , 82 and 82A ”.
22In Article 81 (effect of offer and payment of penalty)–
a in paragraph (3)–
i in sub-paragraph (a), after “counterpart” insert “ or (where the alleged offender is not the holder of a licence) accessing information held on his driving record ”, and
ii in sub-paragraph (b), after “with” insert “ (where he is the holder of a licence) ”;
b in paragraph (4), after “80(5)(a)” insert “ or (5A)(a) ”.
23In Article 82 (endorsement where penalty paid)–
a in the heading, after “endorsement” insert “ of counterparts ”;
b in paragraph (1)(a), after “a person” insert “ who is the holder of a licence ”.
24After Article 82 insert–
.
25In Article 87 (powers of court in cases of deception)–
a after paragraph (1) insert–
.
b in paragraph (2)–
i in sub-paragraph (a), for “licence holder” substitute “ person to whom the fixed penalty notice was given or conditional offer was issued ”;
ii in sub-paragraph (b), for “licence holder” substitute “ he ”;
iii after “63” insert “ or 63A ”; and
iv after “82” insert “ or 82A ”.
26In Article 88(1)(a) (regulations) after “60(4)” insert “ or (5C) ”.
27After Article 88 insert–
.
28In Article 92ZA(1) (application to Great Britain licence holders)–
a in sub-paragraph (h), after “49(1)” insert “ and (2A) ”;
b in sub-paragraph (j), for “and (3)” substitute “ , (3) and (3A) ”.
29In Article 92A(1) (application to Community licence holders)–
a after “49(1)” insert “ and (3A) ”; and
b after “52(3)” insert “ and (3A) ”.

SCHEDULE 5 

ENDORSEMENT: ALL DRIVERS: CONSEQUENTIAL AMENDMENTS

Article 40

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

1In Article 4(8) (requirement for driving licence: exceptions) omit “, counterparts of licences”.
2In Article 9(7B)(a) and (10) (requirements as to physical fitness of drivers) omit “and its counterpart”.
3In Article 10 (revocation of licence because of disability or prospective disability)–
a in paragraphs (2)(b) and (3) omit “and its counterpart”;
b in paragraph (4)(a)–
i omit “and its counterpart”; and
ii for “them” substitute “ it ”;
c in paragraph (4)(b)–
i for “them” substitute “ it ”; and
ii for “their” substitute “ its ”.
4In Article 13 (grant of licences)–
a in paragraph (1)(c)–
i in head (i) omit “and its counterpart”;
ii in head (ia) omit the words from “together” to the end; and
iii in head (ii) omit “and its counterpart (if any) issued to him”;
b in paragraph (1AA) omit–
i “together with the counterpart mentioned in paragraph (ia)”; F12...
F12ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5In Article 14(1)(c) (form of licence) omit “or its counterpart”.
6In Article 15 (duration of licences)–
a in paragraph (5)–
i omit sub-paragraph (b);
ii in sub-paragraph (c) omit “or in its counterpart”; and
iii omit “and its counterpart”;
aa in paragraph (5ZA), omit “and its counterpart”.
b in paragraph (6) omit “and its counterpart”;
c in paragraph (7A)–
i omit “and its counterpart”, in both places;
ii for “them”, in both places, substitute “ it ”; and
iii for “their” substitute “ its ”;
d in paragraph (8) omit “and its counterpart”.
7In Article 15A (authorisation to drive in Northern Ireland) omit paragraphs (5) and (6).
8In Article 15B (information about resident Community licence holders)–
a omit paragraph (3);
b in paragraph (4) for “paragraphs (1) and (3)” substitute “ paragraph (1) ”;
c in paragraph (5) for “a Community licence delivered to it (whether or not in pursuance of this Article) in such manner as it may determine” substitute “ the driving record of a person who delivers to it a Community licence (whether or not in pursuance of this Article) ”;
d omit paragraph (6);
e for paragraph (7) substitute–
;
f omit paragraph (8);
g in paragraph (9) after “endorse the Community licence” insert “ and that person's driving record ”;
h in paragraph (11)(b) omit “(6) or”;
i omit paragraph (12).
9In Article 15C (revocation of authorisation conferred by Community licence because of disability or prospective disability)–
a in paragraph (1) to (4) omit “and its counterpart (if any)” in each place;
b omit paragraph (5).
10In Article 19C (regulations)–
a in paragraph (1A)–
i sub-paragraph (a) for “Community licences and counterparts of such licences” substitute “ and Community licences ”;
ii in sub-paragraph (e) omit “and counterparts of licences” and “or counterparts of licences”; and
iii omit sub-paragraph (ea);
11In Article 19A(7) (information on counterpart of licence of newly qualified drivers) for “the Department shall enter on or affix to the counterpart of the licence a notice or other indication to show” substitute “ the licence shall specify (in such manner as the Department may determine) ”.
12In Article 19D (interpretation)–
a in paragraph (1) omit the definition of “counterpart” F13...;
b omit paragraph (3).
13In Article 19E (provisions about Great Britain driver's licences) for paragraph (2) substitute–
.
14Article 19F (counterparts issued to Great Britain licence holders) is amended as follows–
a in the heading, for “Counterparts issued to” substitute “ Information about ”;
b for paragraphs (1) and (2) substitute–
c for paragraphs (4) and (5) substitute–
.
15In Article 19G (revocation of authorisation conferred by Great Britain licence because of disability or prospective disability)–
a in paragraph (1) omit the words from “together” to the end;
b in paragraph (2)–
i in sub-paragraph (a) omit “together with its counterpart (if any) issued to him under this Part ”; and
ii in sub-paragraph (b) omit “and its counterpart (if any) ”;
c in paragraph (4) omit “and the counterpart (if any) ”;
d omit paragraph (5);
F17e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16In Article 73A(1) (community licence holders: cessation of authorisation, etc.) omit “and its counterpart (if any)”.
17In Article 74A (community licences: disqualification, etc.) omit “and its counterpart (if any)” in both places.
18In Article 75 (revoked or suspended licences: surrender, return and endorsement)–
a in paragraph (1) omit “and its counterpart”;
b in paragraph (3) omit “and its counterpart”;
c omit paragraph (4).
19In Article 78 (interpretation) omit the definition of “counterpart”.
F1820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21In Article 174 (false statements in connection with forgery of, and fraudulent use of, documents; issue of false insurance certificate and powers of seizure)–
a in paragraph (2A)–
i in sub-paragraph (a) omit the words from “or” to the end; and
ii omit sub-paragraph (b); and
b omit paragraph (2B).
22In Article 180 (enforcement powers of constable)–
a in paragraph (3B)–
i omit “and its counterpart”;
ii for “them” in each place where it occurs substitute “ it ”; and
iii for “their” substitute “ its ”;
b in paragraph (3C)–
i omit “and its counterpart” in each place where it occurs;
ii for “their” substitute “ its ”; and
iii for “them” in both places where it occurs substitute “ it ”;
c in paragraph (4AA)–
i omit “and its counterpart” in each place where it occurs; and
ii for “their” in both places substitute “ its ”;
d in paragraph (8)–
i omit “or counterpart of any such licences” and
ii omit the reference to “counterpart”.

The Child Support (Northern Ireland) Order 1991 (NI 23)

23In Article 37A (disqualification from driving: further provision)–
a in paragraph (4) omit the words from “, and” to the end;
b in paragraph (9)–
i omit “and its counterpart”;
ii for “their” substitute “ its ”.

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

24In Article 2 (interpretation)–
a in paragraph (2)–
i in the definition of “the provisions connected with the licensing of drivers” for “92ZA to and 92B” substitute “ 92ZA and 92A ”; and
ii in the words following the definition of “statutory provision” omit “ “counterpart””;
b omit paragraph (4).
25In Article 10(3)(a)(ii) (time within which summary proceedings for certain offences must be commenced) omit “and counterpart”.
26In Article 11 (duty of accused to provide licence) omit the words from “and the foregoing” to the end.
27In Article 28 (interim disqualification)–
a in paragraph (4)–
i in sub-paragraph (a) omit “and its counterpart”; and
ii in sub-paragraph (b) omit “and counterpart”;
b in paragraph (5)–
i omit “and its counterpart”;
ii for “them” substitute “ it ” and
iii omit “and counterpart”;
c in paragraph (6)(b)–
i omit “and its counterpart”;
ii omit “and counterpart”; and
iii for “their” substitute “ its ”.
28In Article 29 (production of licence)–
a omit “and its counterpart” in each place;
b in paragraph (1) for “them” substitute “ it ”;
c in paragraph (2)(b) for “are produced” substitute “ is produced ”; and
d in paragraph (3) for “their” substitute “ its ”.
29In Article 30(3) (penalty points to be attributed to an offence) for “63(5), 63A(6), 82(4)” substitute “ 63A(6) ”.
30In Article 31(1)(b) (penalty points to be taken into account on conviction) omit “the counterpart of any licence held by him or on”.
31In Article 32 (penalty points: modification where fixed penalty also in question)–
a in paragraph (1)(b)–
i omit “the counterpart of his licence or”, and
ii for “63, 63A, 82” substitute “ 63A ”;
b in paragraph (2)(b)–
i omit “on the counterpart of his licence or”, and
ii for “63, 63A, 82” substitute “ 63A ”.
32In Article 33(a) (court may take particulars endorsed into consideration) omit “the counterpart of his licence or on”.
33In Article 41 (disqualification until test is passed) omit paragraph (10).
34In Article 47 (removal of disqualification)–
a in paragraph (6) for sub-paragraph (a) substitute–
;
b omit paragraph (7);
c in paragraph (7A) for “(6)(a)(ii)” substitute “ (6)(a) ”; and
d in paragraph (8) for “(6)(a)(ii) or (7)” substitute “ (6)(a) ”.
35Omit Article 50 (effect of endorsement of counterparts).
36In Article 50A (effect of endorsement of driving records) for paragraphs (3) to (5) substitute–
.
37In Article 51(2)(b) (combination of disqualification and endorsement with probation orders and orders for discharge) omit “the counterpart of any licence held by him or on”.
38In Article 52 (supplementary provisions as to disqualifications and endorsements)–
a for paragraph (2) substitute–
;
b in paragraph (2A) omit “and its counterpart”;
c in paragraph (3) omit “a licence or”;
d in paragraph (3A) omit “in relation to a person who is not the holder of a licence”; and
e in paragraph (4) omit “and the counterpart of a licence”.
39In Article 53(1)(b) and (2)(b) (exemption from disqualification and endorsement for certain construction and use offences) omit “the counterpart of any licence held by him or on”.
40In Article 62 (licence receipts)–
a omit “and its counterpart” in each place; and
b in paragraph (2) for “them” substitute “ it ”.
41Omit Article 64 (effect of endorsement of counterpart without hearing).
42Omit Article 66 (fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures).
43In Article 66A (fixed penalty notice given mistakenly to unlicensed person: exclusion of fixed penalty procedures)–
a in the heading omit “to unlicensed person”;
b in paragraph (1) omit “but who is not the holder of a licence,”; and
c in paragraph (3) insert at the end “ and send the Chief Constable any licence sent to him under Article 60(7) ”.
44In Article 77 (notices on-the-spot etc.: when registration and endorsement invalid)–
a omit paragraph (4);
b in paragraph (5) omit “63 or”; and
c omit paragraph (6).
45In Article 80 (issue of conditional offer)–
a in paragraphs (2) and (3) for “82 and 82A” substitute “ and 82A ”;
b omit paragraph (5);
c in paragraph (5A)–
i omit “who is not the holder of a licence”; and
ii in sub-paragraph (a) for the words after “offender” substitute–
; and
d in paragraph (7) for “82 and 82A” substitute “ and 82A ”.
46In Article 81 (effect of offer and payment of penalty)–
a in paragraph (3)–
i in sub-paragraph (a), omit “inspecting the licence and its counterpart or (where the alleged offender is not the holder of a licence)” and for “his” substitute “ the alleged offender's ”; and
ii in sub-paragraph (b), omit “and its counterpart”;
b in paragraph (4) for “80(5)(a) or (5A)(a)” substitute “ 80(5A) ”.
47Omit Article 82 (endorsement of counterparts where penalty paid).
48In Article 82A (endorsement of driving records where penalty paid)–
a in paragraph (1)–
i omit “who is not the holder of a licence”;
ii after “to the fixed penalty clerk” insert “ and (if he is the holder of a licence) delivers his licence to the fixed penalty clerk ”; and
iii insert at the end “ together with any licence delivered under sub-paragraph (a) ”; and
b in paragraph (2)–
i after “record” insert “ and return any licence delivered to it under this Article to the alleged offender ”;
ii omit “who is not the holder of a licence”; and
iii after “to it” insert “ and (if he is the holder of a licence) delivers his licence to it ”.
49In Article 87 (powers of court in cases of deception)–
a omit paragraph (1);
b in paragraph (1A) omit “also”; and
c in paragraph (2) omit–
i “63 or”; and
ii “82 or”.
50In Article 88(1)(a) (regulations for the purpose of this Part) for “60(4) or (5C)” substitute “ 60(5) ”.
51In Article 92ZA (application to Great Britain licence holders)–
a in paragraph (1)–
i in sub-paragraph (b) omit “and (6)(b)”;
ii omit sub-paragraphs (d) to (i);
iii in sub-paragraph (j) omit “, (3) and (3A)”; and
iv omit sub-paragraph (k);
b omit paragraphs (3) to (6);
c in paragraph (7)–
i omit “and its counterpart (if any)”; and
ii for “their” substitute “ its ”;
d in paragraph (8) omit “and its counterpart”; and
e in paragraph (9)–
i in sub-paragraph (a) for “paragraph (5)” substitute “ Article 49A of an order for the endorsement of a person's driving record ”; and
ii in sub-paragraph (b)(i) after “licence” insert “ , or a person normally resident in Great Britain who does not hold a licence, ”.
52Omit Article 92ZB (effect of endorsement on Great Britain licence holders).
53In Article 92A (application to Community licence holders)–
a in paragraph (1) omit from “, 29” to “and 53”;
b omit paragraphs (2) to (4);
c in paragraph (5)–
i omit “and its counterpart (if any)”; and
ii for “their” substitute “ its ”;
d omit paragraph (6);
e for paragraph (7) substitute–
;
f omit paragraphs (8) to (10).
54Omit Article 92B (effect of endorsement on Community licence holders).
55In Part I of Schedule 1 (prosecution and punishment of offences)–
a in the entry relating to Article 9(10) of the Order of 1981, omit “and counterpart”;
b in the entry relating to Article 10(3) of that Order, omit “and counterpart”;
c in the entry relating to Article 15(7) of that Order, omit “and its counterpart” and “and counterpart”;
d in the entry relating to Article 15C(4) of that Order, omit “and its counterpart”;
e in the entry relating to Article 75 of that Order, omit “and its counterpart”;
f in the entry relating to Article 28 of the Offenders Order, omit “and counterpart”; and
g in the entry relating to Article 29 of the that Order, omit “and counterpart”.

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

56In Article 4 (surrender of licences)–
a for paragraph (2) substitute–
;
b in paragraph (3)–
i in sub-paragraph (a) for “and its counterpart have” substitute “ has ”;
ii in sub-paragraph (c)–
A omit “appropriate person endorses the number of”; and
B for “on the counterpart of the licence” substitute “ are to be endorsed on the person's driving record ”; and
iii in sub-paragraph (f)–
A before “endorsed” insert “ to be ”; and
B for “counterpart of the licence” substitute “ person's driving record ”;
c in paragraph (4)–
i in sub-paragraph (a)–
A omit “and its counterpart”; and
B for “63(3) or (4) or 82(1)” substitute “ 63A(3) or (4) or 82A(2) ”; and
ii in sub-paragraph (b) insert at the end “together with the notice he is required to send under Article 63A or 82A of the particulars to be endorsed on the person's driving record”.
57In Article 5 (revocation of licences) for paragraph (1) substitute–
.
58In Article 12(2) (service of documents etc.) omit “and its counterpart” in both places.
59In Schedule 1 (newly qualified drivers holding test certificates)–
a in paragraph 3–
i in sub-paragraph (2) omit “and its counterpart”; and
ii in sub-paragraph (4)(a) omit “(with its counterpart)”;
b in paragraph 4–
i for sub-paragraph (2) substitute–
; and
ii in sub-paragraph (4) for the words following “Department” substitute “ the person's test certificate together with the notice he is required to send under Article 63A or 82A of the particulars to be endorsed on the person's driving record. ”;
c in paragraph 5(1)–
i for “paragraph 4 of” substitute “ Article 49A, 63A or 82A of the Offenders Order of ”;
ii for “or endorsed on the counterpart of a person's licence” substitute “ on a person's driving record ”; and
iii for “(4)(b)” substitute “ (4) ”;
d in paragraph 7–
i for sub-paragraph (2) substitute–
; and
ii in sub-paragraph (4)–
A in paragraph (a), omit “and its counterpart”;
B in that paragraph, for “63(3) or (4) or 82(1)” substitute “ 63A(3) or (4) or 82A(2) ”; and
C in paragraph (b), for “them” substitute “ it ” and insert at the end
;
e in paragraph 8(1)(a)–
i for “paragraph 7(2)(a)” substitute “ Article 49A, 63A or 82A of the Offenders Order ”;
ii for “the counterpart of a person's licence” substitute “ a person's driving record ”;
iii omit “and its counterpart”; and
iv for “7(2)(b)” substitute “ 7(2)(a) ”.

The Road Traffic (Northern Ireland) Order 2007 (NI )

60In Article 46(5) (interpretation of that Part) omit “and “counterpart”, in relation to a Community licence”.
61In Article 47 (expressions defined in that Part) omit “and counterpart”.
62In Article 53(13) (registration of disabled persons) in paragraph (c) of the definition of “disabled person's limited driving licence” omit “and a counterpart of that licence”.

I8SCHEDULE 6 

ENTRIES TO BE INSERTED IN PART I OF SCHEDULE 1 TO THE OFFENDERS ORDER IN RESPECT OF DRIVING INSTRUCTION

Article 78

(1)(2)(3)(4)(5)(6)(7)
Provision Creating offenceGeneral nature of offenceMode of prosecutionPunishmentDisqualificationEndorsementPenalty points
Offences under Part V of the Road Traffic (Northern Ireland) Order 2007
Article 49(1) and (2)Giving of paid driving instruction and carrying on of business in provision of driving instruction, by unregistered persons.SummarilyLevel 4 on the standard scale.
Article 49(4)Giving of paid instruction, and carrying on of business in provision of driving instruction, without prescribed requirements relating to displaying of evidence of registration under Part V of Order of 2007.SummarilyLevel 3 on the standard scale.
Article 53(4)Failure, on application for registration as disabled driving instructor, to notify Registrar of onset of, or deterioration in, relevant or prospective disabilitySummarilyLevel 3 on the standard scale.
Article 67(3)Failure by registered disabled driving instructor to notify Registrar of onset of, or deterioration in, relevant or prospective disability.SummarilyLevel 3 on the standard scale.
Article 68Giving of paid driving instruction by disabled persons without emergency control certificate or in unauthorised motor vehicle.SummarilyLevel 3 on the standard scale.
Article 70Misuse of evidence of registration etc.SummarilyLevel 4 on the standard scale.
Article 7Failure of instructor to surrender to Registrar certificate etc.SummarilyLevel 3 on the standard scale.
Article 72Failing to produce certificate of registration etc. as driving instructor.SummarilyLevel 3 on the standard scale.

SCHEDULE 7 

MINOR AND CONSEQUENTIAL AMENDMENTS

Article 86

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

I91In Article 2(2) (interpretation)–
a for the definition of “Community licence” substitute–
;
b insert in the appropriate place alphabetically–
c in the definition of “the Road Traffic Orders”–
i omit“and”; and
ii after “1997” insert “ and the Order of 2007 ”.
2In Article 15D(b) (application of provisions on information relating to disabilities to Community licences) for “(3)” in both places where it occurs substitute “ (3B) ”.
3In Article 19H(c) (application of provisions on information relating to disabilities to Great Britain licences) for the words “after paragraph (3A) there shall be substituted” substitute the words “ for paragraph (3B) there were substituted ”.
4In Article 73(7) (revocation or suspension of licences) for the words “paragraph (3)” substitute the words “ paragraph (6) ”.
5In Article 78 (interpretation) for the words “this Article and Articles 70 to77” substitute the words “ this Article, Articles 70 to 77 and Article 180A ”.
6In Article 212 (application of Order to hovercraft and trolley vehicles) in paragraph (3) for the words “166 to 168” substitute “ 168A ”.

The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

7In Article 26(2) (list of offences to which powers of summary arrest apply) for sub-paragraph (ee) substitute–
.
8In Article 35(7) (limitations on police detention after arrest) for the words “under Article 17(5) of the Road Traffic (Northern Ireland) Order 1995” substitute the words “ under Article 17D of the Road Traffic (Northern Ireland) Order 1995 ”.

The Road Traffic (Northern Ireland) Order 1995 (NI 18)

9In Article 2(2) (interpretation)
a insert in the appropriate place alphabetically–
b in the definition of “the Road Traffic Orders”–
i omit“and”; and
ii after “1997” insert “ and the Order of 2007 ”.
10In Article 13(3) (interpretation) for the words “A person does not provide a specimen of breath for a preliminary breath test or for analysis unless the specimen” substitute the words “ A person does not co-operate with a preliminary test or provide a specimen of breath for analysis unless his co-operation or the specimen ”.
11In Article 18(4) (provision of specimen for analysis) after sub-paragraph (bb) insert–
.
12In Article 20(1) (protection for hospital patients)–
a for the words “to provide a specimen of breath for a preliminary breath test or for analysis” substitute the words “ to co-operate with a preliminary test ”;
b in sub-paragraph (a) for the words “it shall be for the provision of a specimen at the hospital” substitute the words “ it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital ”.
13In Article 21(1) (detention of persons affected by alcohol or drugs) after the words “a person required” insert the words “ under Article 18 ”.
14In Article 60(3) (special vehicle orders) at the beginning insert “ Article 110(1) and ”.

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

I1015In Article 2(2) (interpretation)–
a after the definition of “clerk of petty sessions” insert–
;
b insert in the appropriate place alphabetically–
c in the definition of “the Road Traffic Orders”–
i omit“and”; and
ii after “1997” insert “ and the Order of 2007 ”.
16In Article 5(4) (requirement of warning etc. of prosecutions for certain offences) for sub-paragraph (a) substitute–
.
17In Article 10(3)(a) (time within which summary proceedings for certain offences under the Order of 1981 must be commenced)–
a before head (i) insert–
;
b after head (i) insert–
;
c after head (iii) insert–
.
18For Article 22 (evidence by certificate as to registration of driving instructors and licences to give instruction) substitute–
.
19For Article 41(11A) (expiration of disqualification until test passed) substitute–
.
20In Article 42(4) (person may obtain provisional licence and drive in accordance with that licence if disqualified until test is passed) for the words “entitled to obtain and to hold a provisional licence” substitute the words “ entitled to apply for, obtain and to hold a provisional licence ”.
21In Part I of Schedule 1 (prosecution and punishment of offences)–
a in the entry relating to offences under Article 3(1) of the Order of 1981, for the entry in column (2) substitute “ Driving otherwise than in accordance with a licence. ”;
b in the entry relating to offences under Article 3(2) of the Order of 1981, in the entry in column (2) for the word “without” substitute the words “ otherwise than in accordance with ”;
c after the entry relating to offences under Article 9(10) of the Order of 1981 insert–
;
d after the entry relating to offences under Article 11(3) of the Order of 1981 insert–
;
e after the entry relating to offences under Article 154(2) of the Order of 1981 insert–
;
f in the entry relating to offences under Article 174(1) of the Order of 1981 for the words in column (2) substitute the words “ Making certain false statements, furnishing certain false particulars or withholding certain material information etc. ”;
g in the entry relating to offences under Article 174(2) of the Order of 1981 for the words in column (2) substitute the words “ Forgery, etc. of licences, test certificates, certificates of insurance and other documents and things ”;
h in the entry relating to offences under Article 17 of the Order of 1995 for the words in column (2) substitute the words “ Failing to co-operate with a preliminary test. ”;
i after the entry relating to offences under Article 63 of the Order of 1995 insert–

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

22In Article 2(2) (interpretation) in the definition of “the Road Traffic Orders”–
a omit“and”; and
b after “this Order” insert “ and the Road Traffic (Northern Ireland) Order 2007. ”

SCHEDULE 8 

REPEALS

Article 86

I11PART I  GENERAL

Short TitleExtent of repeal
The Transport Act (Northern Ireland) 1967 (c. 37).

In section 9(1) the words “, with the approval of the Ministry of Finance,”.

In sections 16(2), 23(2), 25(2) and 25(4) the words “with the approval of the Ministry of Finance”.

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

Article 3(3).

In Article 5(5), sub-paragraph (b) and the word “and” immediately before it.

Article 13(6).

Article 14(6).

Article 19C(1A)(b).

Article 19C(3).

In Article 66(1)(a) the words “, subject to the approval of the Department of Finance”.

In Article 75(3) the words “or suspension”.

In Article 79A(2) the words “with the approval of the Department of Finance and Personnel”.

In Article 80 the words “, with the approval of the Department of Finance,”.

Part XII.

Articles 166 to 168.

Article 174(6).

In Article 180(2)(b) the words “or other public place”.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).In Part III of Schedule 6, paragraph 170.
The Road Traffic (Amendment) (Northern Ireland) Order 1991 (NI 3).

In Schedule 2, paragraphs 9 and 10.

In Part I of Schedule 4, paragraphs 8 and 9.

The Road Traffic (Northern Ireland) Order 1995 (NI 18)

In Article 13(2) the definition of “preliminary breath test”.

Article 13(5).

In Article 17(8)(b)(i) the words “other than an offence under Article 132, 133, 136 or 137 of that Order”.

In Article 52(3)(b) the words from “the construction, improvement, maintenance or repair of roads” to the end.

Article 52(3)(c).

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10).

In Article 10(3)(a), heads(iv), (v) and (vi).

Article 41(14).

In Article 50(6), the word “or” at the end of paragraph (a).

In Article 92(a), the words “Article 132 of that Order or”.

In Part I of Schedule 1, the entries relating to Articles 13, 14, 132(3), 132(5), 133, 136, 137, 166 and 167 of the Order of 1981.

In Part I of Schedule 3, paragraphs 14, 15, 16, 17 ,18 and 29.

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2).In Schedule 8, paragraph 25(a).
The Road Traffic (Driving Disqualification) (Northern Ireland) Order 2003 (NI 16).In Schedule 1, paragraph 6(a)(ii).
The Justice (Northern Ireland) Act 2004 (c. 4).Section 15.

I12PART II  FALSE STATEMENTS, FORGERY ETC.

Short TitleExtent of repeal
The Road Traffic (Northern Ireland) Order 1981 (NI 1).Article 174(6)
The Road Traffic (New Drivers) (Northern Ireland) Order 1998 (NI 7)In Schedule 3, paragraph 9.
The Road Traffic (Driving Disqualification) (Northern Ireland) Order 2003 (NI 16).In Schedule 1, paragraph 9.

PART III  GIVING OF FIXED PENALTY NOTICES BY VEHICLE EXAMINERS

Short TitleExtent of repeal
The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10).

In Article 60(5) the words “he surrenders”.

In Article 66(2) the words “fixed penalty clerk must not endorse the”.

In Article 78–
  1. in paragraph (5) the words “by or on behalf of the Chief Constable” and “such”; and
  2. in paragraph (7) the words “by or on behalf of the Chief Constable”.

In Article 84(1) the words “constable or authorised”.

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

In Article 4–
  1. in paragraph (4) the words “, the fixed penalty clerk”; and
  2. in paragraph (5) the words “by the fixed penalty clerk”.

The Road Traffic (Driving Disqualification) (Northern Ireland) Order 2003 (NI 16).

In Schedule 1–
  1. paragraph 19(b);
  2. paragraph 26(b); and
  3. paragraph 28(b).

PART IV  ENDORSEMENT: UNLICENSED AND FOREIGN DRIVERS

Short TitleExtent of repeal
The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10).In Article 50(1) the words “, whether he is at the time the holder of a licence or not,”.

PART V  ENDORSEMENT: ALL DRIVERS

Short TitleExtent of repeal
The Road Traffic (Northern Ireland) Order 1981 (NI 1).

In Article 4(8) the words “, counterparts of licences”.

In Article 9(7B)(a) and (10) the words “and its counterpart”.

In Article 10–
  1. in paragraphs (2)(b) and (3) the words “and its counterpart”; and
  2. in paragraph (4)(a) the words “and its counterpart”.

In Article 13–
  1. in head (i) of sub-paragraph (c) of paragraph (1) the words “and its counterpart”;
  2. in head (ia) of that sub-paragraph the words from “together” to the end;
  3. in head (ii) of that sub-paragraph the words “and its counterpart (if any) issued to him”; and
  4. in paragraph (1AA) the words “together with the counterparts mentioned in paragraph (ia)” and the words “and its Great Britain counterpart”.

In Article 14(1)(c) the words “or its counterpart”.

In Article 15–
  1. in paragraph (5) the words “and its counterpart”;
  2. paragraph (5)(b);
  3. in paragraph (5)(c) the words “or in its counterpart”;
  4. in paragraph (6) the words “and its counterpart”;
  5. in paragraph (7A) the words “and its counterpart” in both places;
  6. in paragraph (8) the words “and its counterpart”.

Article 15A(5) and (6).

In Article 15B–
  1. paragraphs (3), (6) and (8);
  2. in paragraph (11)(b) the words “(6) or”; and
  3. paragraph (12).

In Article 15C–
  1. in paragraphs (1) to (4) the words “and its counterpart (if any)” in each place; and
  2. paragraph (5).

In Article 19C(1A)–
  1. in sub-paragraph (e) the words “and counterparts of licences” and the words “or counterparts of licences”; and
  2. sub-paragraph (ea).

In Article 19D–
  1. in paragraph (1) the definition of “counterpart” and “Great Britain counterpart”;
  2. paragraph (3).

In Article 19G–
  1. in paragraph (1) the words from “together” to the end;
  2. in paragraph (2), in sub-paragraph (a) the words “together with the relevant counterparts” and, in sub-paragraph (b) the words “and those counterparts”;
  3. in paragraph (4) the words “and the relevant counterparts”;
  4. paragraph (5); and
  5. in paragraph (7) the words “and its Great Britain counterpart”.

In Article 73A(1) the words “and its counterpart (if any)”.

In Article 74A the words “and its counterpart (if any)” in both places.

In Article 75–
  1. in paragraph (1) the words “and its counterpart”;
  2. in paragraph (3) the words “and its counterpart”; and
  3. paragraph (4).

In Article 78 the definition of “counterpart”.

In Article 174–
  1. in sub-paragraph (a) of paragraph (2A) the words from “or” to the end;
  2. paragraph (2A)(b); and
  3. paragraph (2B).

In Article 180–
  1. in paragraph (3B) the words “and its counterpart”;
  2. in paragraph (3C) the words “and its counterpart” in each place where it occurs;
  3. in paragraph (4AA) the words “and its counterpart” in each place where it occurs;
  4. in paragraph (8) the words “or counterpart of any such licences” and the reference to “counterpart”.

The Child Support (Northern Ireland) Order 1991 (NI 23).

In Article 37A–
  1. in paragraph (4) the words from “, and” to the end;
  2. in paragraph (9) the words “and its counterpart”.

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10).

In Article 2–
  1. in paragraph (2) the word “ “counterpart””; and
  2. paragraph (4).

In Article 10(3)(a)(ii) the words “and counterpart”.

In Article 11 the words from “and the foregoing” to the end.

In Article 28 in paragraphs (4), (5) and (6)(b) the words “and its counterpart” and the words “and counterpart”.

In Article 29 the words “and its counterpart” in each place.

In Article 31(1)(b) the words “the counterpart of any licence held by him or on”.

In Article 32–
  1. in paragraph (1)(b) the words “the counterpart of his licence or”; and
  2. in paragraph (2)(b) the words “on the counterpart of his licence or”.

In Article 33(a) the words “the counterpart of his licence or on”.

Article 41(10).

Article 47(7).

Article 49(2A).

Article 50.

In Article 51(2)(b) the words “the counterpart of any licence held by him or on”.

In Article 52–
  1. in paragraph (2A) the words “and its counterpart”;
  2. in paragraph (3) the words “a licence or”;
  3. in paragraph (3A) the words “in relation to a person who is not the holder of a licence”; and
  4. in paragraph (4) the words “and the counterpart of a licence”.

In Article 53(1)(b) and (2)(b) the words “the counterpart of any licence held by him or on”.

In Article 60(7) the words “and a counterpart of a licence”.

In Article 62 the words “and its counterpart” in each place.

Article 63.

In Article 63A(1) the words “who is not the holder of a licence”.

Article 64.

Article 66.

In Article 66A–
  1. in the heading the words “to unlicensed person”; and
  2. in paragraph (1) the words “but who is not the holder of a licence,”.

In Article 77–
  1. paragraph (4);
  2. in paragraph (5) the words “63 or”; and
  3. paragraph (6).

In Article 80–
  1. paragraph (5); and
  2. in paragraph (5A) the words “who is not the holder of a licence”.

In Article 81–
  1. in sub-paragraph (a) of paragraph (3) the words “inspecting the licence and its counterpart or (where the alleged offender is not the holder of a licence)”; and
  2. in sub-paragraph (b) of that paragraph the words “and its counterpart”.

Article 82.

In Article 82A(1) and (2) the words “who is not the holder of a licence”.

In Article 87–
  1. paragraph (1);
  2. in paragraph (1A) the word “also”; and
  3. in paragraph (2) the words “63 or” and the words “82 or”.

In Article 92ZA–
  1. in sub-paragraph (b) of paragraph (1) the words “and (6)(b)”;
  2. sub-paragraphs (d) to (i) of that paragraph;
  3. in sub-paragraph (j) of that paragraph the words “, (3) and (3A)”;
  4. sub-paragraph (k) of that paragraph;
  5. paragraphs (3) to (6);
  6. in paragraph (7) the words “and its counterpart (if any)”; and
  7. in paragraph (8) the words “and its counterpart”.

Art 92ZB.

In Article 92A–
  1. in paragraph (1) the words from “, 29” to “and 53”;
  2. paragraphs (2) to (4);
  3. in paragraph (5) the words “and its counterpart (if any)”; and
  4. paragraphs (6) and (8) to (10).

Article 92B.

In Part I of Schedule 1–
  1. in the entry relating to Article 9(10) of the Order of 1981, the words “and counterpart”;
  2. in the entry relating to Article 10(3) of that Order, the words “and counterpart”;
  3. in the entry relating to Article 15(7) of that Order, the words “and its counterpart” and the words “and counterpart”;
  4. in the entry relating to Article 15C(4) of that Order, the words “and its counterpart”;
  5. in the entry relating to Article 75 of that Order, the words “and its counterpart”;
  6. in the entry relating to Article 28 of the Offenders Order, the words “and counterpart”; and
  7. in the entry relating to Article 29 of the that Order, the words “and counterpart”.

In Schedule 3, paragraph 9(a).

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

In Article 4–
  1. in paragraph (3)(c) the words “appropriate person endorses the number of”; and
  2. in paragraph (4)(a) the words “and its counterpart”.

In Article 12(2) the words “and its counterpart” in both places.

In Schedule 1–
  1. in paragraph 3(2) the words “and its counterpart”;
  2. in paragraph 3(4)(a) the words “(with its counterpart)”;
  3. in paragraph 7(4)(a) the words “and its counterpart”; and
  4. in paragraph 8(1)(a) the words “and its counterpart”.

In Schedule 3, paragraph 8.

The Road Traffic (Driving Disqualification) (Northern Ireland) Order 2003 (NI 16).

In Schedule 1–
  1. paragraph 6(a)(iii);
  2. paragraph 7;
  3. paragraph 8(b);
  4. paragraph 12(a).

The Road Traffic (Northern Ireland) Order 2007 (NI )

Article 15.

Article 39(2)(b) and (4).

In Article 46(5) the words “and “counterpart”, in relation to a Community licence”.

In Article 47 the words “and counterpart”.

In Article 53(13) in paragraph (c) of the definition of “disabled person's limited driving licence” the words “and a counterpart of that licence”.

In Schedule 2–
  1. paragraph 4(d) to (g);
  2. paragraph 6;
  3. paragraph 7;
  4. paragraph 14(b);
  5. paragraph 16(c);
  6. paragraph 18;
  7. paragraph 21(b);
  8. in paragraph 23(a)(ii) the word “(c)”; and
  9. paragraph 24(a).

In Schedule 4–
  1. paragraph 7(a), (b) and (d);
  2. paragraph 8;
  3. paragraph 13(b), (c) and (d);
  4. paragraph 14;
  5. paragraph 15;
  6. paragraph 17;
  7. paragraph 21 (a) to (c) and (f);
  8. paragraph 22(b);
  9. paragraph 23;
  10. paragraph 26;
  11. paragraph 28; and
  12. paragraph 29.

Footnotes

  1. C1
    Order: functions of Secretary of State transferred to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)
  2. P1
    Art. 1(3) power partly exercised: 27.6.2007 appointed for specified provisions by S.R. 2007/302, art. 2, Sch.;
    15.11.2007 appointed for specified provisions by S.R. 2007/454, art. 2, Sch.;
    26.5.2008 appointed for specified provision by S.R. 2008/223, art. 2;
    9.6.2008 appointed for specified provision by S.R. 2008/244, art. 2;
    2.8.2010 appointed for specified provisions by S.R. 2010/226, art. 2;
    different dates appointed for specified provisions by S.R. 2010/370, art. 2;
    12.9.2011 appointed for specified provisions by S.R. 2011/286, art. 2, Sch.;
    6.2.2012 appointed for specified provision by S.R. 2011/433, art. 2
  3. I1
    Art. 3 partly in operation; art. 3 not in operation at date of making see art. 1(3); art. 3(a) in operation for certain purposes at 27.6.2007 and art. 3(b)(c) in operation at 27.6.2007 by S.R. 2007/302, art. 2, Sch.
  4. I2
    Art. 18 partly in operation; art. 18 not in operation at date of making see art. 1(3); art. 18(1)(3) in operation at 15.11.2007 by S.R. 2007/454, art. 2, Sch.
  5. F1
    Words in art. 21 substituted (4.6.2008) by Road Traffic (2007 Order) (Commencement No. 4 and Amendment) Order (Northern Ireland) 2008 (S.R. 2008/244), art. 3(2)
  6. F2
    Words in art. 21 renumbered (4.6.2008) by virtue of Road Traffic (2007 Order) (Commencement No. 4 and Amendment) Order (Northern Ireland) 2008 (S.R. 2008/244), art. 3(3)
  7. F3
    Words in art. 21 substituted (4.6.2008) by Road Traffic (2007 Order) (Commencement No. 4 and Amendment) Order (Northern Ireland) 2008 (S.R. 2008/244), art. 3(3)
  8. F4
    Words in art. 21 substituted (4.6.2008) by Road Traffic (2007 Order) (Commencement No. 4 and Amendment) Order (Northern Ireland) 2008 (S.R. 2008/244), art. 3(4)
  9. F5
    Words in art. 21 renumbered (4.6.2008) by virtue of Road Traffic (2007 Order) (Commencement No. 4 and Amendment) Order (Northern Ireland) 2008 (S.R. 2008/244), art. 3(5)
  10. F6
    Words in art. 21 substituted (4.6.2008) by Road Traffic (2007 Order) (Commencement No. 4 and Amendment) Order (Northern Ireland) 2008 (S.R. 2008/244), art. 3(5)
  11. C2
    Art. 48 excluded (2.8.2010) by Motor Vehicles (Driving Instruction) Regulations (Northern Ireland) 2010 (S.R. 2010/227), regs. 20(1), 21
  12. C3
    Art. 48(2)(a) excluded (2.8.2010) by Motor Vehicles (Driving Instruction) Regulations (Northern Ireland) 2010 (S.R. 2010/227), reg. 22
  13. I3
    Art. 52 in operation at 2.8.2010 by S.R. 2010/226, art. 2, Sch.(as amended by S.R. 2012/337, art. 2(a))
  14. I4
    Art. 55 partly in operation; art. 55 not in operation at date of making see art. 1(3); art. 55(1)-(4) in operation at 2.8.2010 by S.R. 2010/226, art. 2, Sch.
  15. I5
    Art. 56 partly in operation; art. 56 not in operation at date of making see art. 1(3); art. 56 in operation for certain purposes at 2.8.2010 by S.R. 2010/226, art. 2, Sch.
  16. C4
    Art. 57 partly in operation; art. 57 not in operation at date of making see art. 1(3); art. 57 in operation for certain purposes at 2.8.2010 by S.R. 2010/226, art. 2, Sch.
  17. I6
    Art. 78 partly in operation; art. 78 not in operation at date of making see art. 1(3); art. 78 in operation for certain purposes at 2.8.2010 by S.R. 2010/226, art. 2, Sch.
  18. F7
    Words in art. 80(5) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(3), Sch. 2 para. 28(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)
  19. F8
    Art. 81 repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 132, Sch. 8 Pt. 13
  20. I7
    Art. 86 partly in operation; art. 86 not in operation at date of making see art. 1(3); art. 86(1)(2) in operation for certain purposes at 27.6.2007 by S.R. 2007/302, art. 2, Sch.; art. 86(1)(2) in operation for certain purposes at 15.11.2007 by S.R. 2007/454, art. 2, Sch.; art. 86(2) in operation for certain purposes at 2.8.2010 by S.R. 2010/226, art. 2, Sch.; art. 86(2) in operation for certain purposes at 13.12.2010 by S.R. 2010/370, art. 2(1), Sch. Pt. I; art. 86(2) in operation for certain purposes at 14.12.2010 by S.R. 2010/370, art. 2(2), Sch. Pt. II; art. 86(1) in operation for certain purposes at 12.9.2011 by S.R. 2011/286, art. 2, Sch.
  21. I8
    Sch. 6 partly in operation; Sch. 6 not in operation at date of making see art. 1(3); Sch. 6 in operation for certain purposes at 2.8.2010 by S.R. 2010/226, art. 2, Sch.
  22. I9
    Sch. 7 para. 1 wholly in operation at 15.11.2007; Sch. 7 para. 1 not in operation at date of making see art. 1(3); Sch. 7 para. 1(b)(c) in operation at 27.6.2007 by S.R. 2007/302, art. 2, Sch.; Sch. 7 para. 1(a) in operation at 15.11.2007 by S.R. 2007/454, art. 2, Sch.
  23. I10
    Sch. 7 para. 15 wholly in operation at 15.11.2007; Sch. 7 para. 15 not in operation at date of making see art. 1(3); Sch. 7 para. 15(b)(c) in operation at 27.6.2007 by S.R. 2007/302, art. 2, Sch.; Sch. 7 para. 15(a) in operation at 15.11.2007 by S.R. 2007/454, art. 2, Sch.
  24. I11
    Sch. 8 Pt. I partly in operation; Sch. 8 Pt. I not in operation at date of making see art. 1(3); Sch. 8 Pt. I in operation for certain purposes at 27.6.2007 by S.R. 2007/302, art. 2, Sch.; Sch. 8 Pt. I in operation for certain purposes at 15.11.2007 by S.R. 2007/454, art. 2, Sch.; Sch. 8 Pt. I in operation for certain purposes at 2.8.2010 by S.R. 2010/226, art. 2, Sch.
  25. I12
    Sch. 8 Pt. II partly in operation; Sch. 8 Pt. II not in operation at date of making see art. 1(3); Sch. 8 Pt. II in operation for certain purposes at 15.11.2007 by S.R. 2007/454, art. 2, Sch.
  26. I13
    Art. 36 in operation at 6.2.2012 by S.R. 2011/433, art. 2
  27. I14
    Art. 12 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  28. I15
    Art. 13 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  29. I16
    Sch. 1 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  30. I17
    Sch. 1 para. 1 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  31. I18
    Sch. 1 para. 2 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  32. I19
    Sch. 1 para. 3 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  33. I20
    Sch. 1 para. 4 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  34. I21
    Sch. 1 para. 5 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  35. I22
    Sch. 1 para. 6 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  36. I23
    Sch. 1 para. 7 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  37. I24
    Sch. 1 para. 8 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  38. I25
    Sch. 1 para. 9 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  39. I26
    Sch. 1 para. 10 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  40. I27
    Sch. 1 para. 11 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  41. I28
    Sch. 1 para. 12 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  42. I29
    Sch. 1 para. 13 in operation at 23.4.2012 by S.R. 2012/16, art. 2, Sch.
  43. F9
    Art. 79(2)(b)(c)(d) repealed (1.7.2012) by Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2), s. 60(2), Sch. 4; S.R. 2012/262, art. 2 (with arts. 4-6)
  44. F10
    Sch. 5 para. 6(aa) inserted (14.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 65; S.I. 2014/1820, art. 2(g)
  45. F11
    Word in Sch. 5 para. 4(b) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 14(a)(i)
  46. F12
    Sch. 5 para. 4(b)(ii) and preceding word omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 14(a)(ii)
  47. F13
    Words in Sch. 5 para. 12(a) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 14(b)
  48. F14
    Words in Sch. 5 para. 15(b)(i) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 14(c)(i)
  49. F15
    Words in Sch. 5 para. 15(b)(ii) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 14(c)(ii)
  50. F16
    Words in Sch. 5 para. 15(c) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 14(c)(iii)
  51. F17
    Sch. 5 para. 15(e) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 14(c)(iv)
  52. F18
    Sch. 5 para. 20 omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 14(d)
  53. C5
    Order: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))
  54. F19
    Words in art. 10(3) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  55. F20
    Words in art. 10(3) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(2), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  56. F21
    Words in art. 10(3) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(3)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  57. F22
    Words in art. 10(3) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(3)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  58. F23
    Words in art. 10(3) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(3)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  59. F24
    Words in art. 11(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(4), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  60. F25
    Words in art. 11(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(5), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  61. F26
    Words in art. 11(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(6)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  62. F27
    Words in art. 11(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(6)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  63. F28
    Words in art. 11(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(6)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  64. F29
    Words in art. 45 repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(7), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  65. F30
    Words in art. 60(12) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(8), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  66. F31
    Words in art. 64(5)(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 132(9), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
  67. F32
    Word in art. 57(1)(a) omitted (31.7.2017) by virtue of The Driving and Motorcycle Instructors (Recognition of European Professional Qualifications) Regulations (Northern Ireland) 2017 (S.R. 2017/117), regs. 1(1), 3(9)(a)(i)
  68. F33
    Word in art. 70(3)(a) omitted (31.7.2017) by virtue of The Driving and Motorcycle Instructors (Recognition of European Professional Qualifications) Regulations (Northern Ireland) 2017 (S.R. 2017/117), regs. 1(1), 3(14)(c)
  69. I30
    Art. 51(1)-(5) in operation at 2.8.2010 by S.R. 2010/226, art. 2, Sch. (as amended by S.R. 2012/337, art. 2(a))
  70. F34
    Word in Sch. 5 para. 53(e) substituted (31.12.2020) by The Driving Licences (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/194), regs. 1(1), 6; 2020 c. 1, Sch. 5 para. 1(1)
  71. F35
    Words in art. 2(2) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 95(2)
  72. F36
    Words in art. 2(2) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(2)
  73. F37
    Art. 48(1) substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(3)(a)
  74. F38
    Art. 48(1A) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(3)(b)
  75. F39
    Words in art. 48(7) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(3)(c)
  76. F40
    Word in art. 49(1) substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(4)(a)
  77. F41
    Word in art. 49(2) substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(4)(b)
  78. F42
    Words in art. 49(3) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(4)(c)
  79. F43
    Art. 49(5) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(4)(d)
  80. F44
    Art. 51(1A)-(1C) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(5)
  81. F45
    Words in art. 52(1) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(6)(a)(i)
  82. F46
    Words in art. 52(1) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(6)(a)(ii)
  83. F47
    Words in art. 52(2) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(6)(b)
  84. F48
    Art. 52(2A) substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 95(3)(a)
  85. F49
    Art. 52(2B) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 95(3)(b)
  86. F50
    Words in art. 55(1) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(7)(a)
  87. F51
    Words in art. 55(3) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(7)(b)
  88. F52
    Words in art. 55(4) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(7)(c)
  89. F53
    Art. 55(6)-(8) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(7)(d)
  90. F54
    Words in art. 56(1) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(8)(a)
  91. F55
    Words in art. 56(4) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(8)(b)
  92. F56
    Words in art. 56(6) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(8)(c)
  93. F57
    Word in art. 57(1)(a) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(9)(a)(i)
  94. F58
    Art. 57(1)(c)(d) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(9)(a)(ii)
  95. F59
    Words in art. 57(3) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(9)(b)(i)
  96. F60
    Words in art. 57(3) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(9)(b)(ii)
  97. F61
    Words in art. 58(1) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(10)
  98. F62
    Words in art. 59(1)(a)(ii) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(11)(a)
  99. F63
    Words in art. 59(6) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(11)(b)
  100. F64
    Words in art. 59(11) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(11)(c)
  101. F65
    Art. 59(A1)(B1) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 95(4)
  102. F66
    Words in art. 60(1)(a) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(12)(a)
  103. F67
    Words in art. 60(3) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(12)(b)
  104. F68
    Words in art. 69(1) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(13)
  105. F69
    Art. 70(2) substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(14)(a)
  106. F70
    Words in art. 70(3)(a) omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(14)(b)(i)
  107. F71
    Word in art. 70(3)(a) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(14)(b)(ii)
  108. F72
    Art. 70(3)(c) and word omitted (1.12.2023) by virtue of The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 4 para. 6(14)(b)(iii)
  109. F73
    Art. 75(3) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 95(5)