Rule 20.19 Reduction of disqualification period for drink-drive offencersI1

Scotland

(1)

In this rule—

“the Act of 1988” means the Road Traffic Offencers Act 1988^f1;
“F1course provider” has the meaning assigned in F2section 34C(3) of the Act of 1988;
“F3relevant date” means the date specified in an order under section 34A of the Act of 1088;
“supervising court” has the meaning assigned in section 34C(3) of the Act of 1988.

(2)

An application to the supervising court for a declaration under section 34B(6) of the Act of 1988 shall be

(a)

in Form 20.19-A;

(b)

accompanied by a copy of the written notice required by section 34B(5) of the Act of 1988 intimating the course provider’s decision not to give a course completion certificate; and

(c)

lodged with the clerk of court within 28 days after the F4relevant date.

(3)

An application to the supervising court for a declaration under F5section 34B(8) of the Act of 1988 shall be—

(a)

in Form 20.19.-B; and

(b)

lodged with the clerk of court within 28 days after the F6relevant date.

(4)

On the lodging of an application under F7section 34B(6) or (8) of the Act of 1988—

(a)

the sheriff or stipendiary magistrate, as the case may be, shall fix a date for hearing the appliction; and

(b)

the clerk of court shall—

(i)

notify the applicant of the date of hearing; and

(ii)

serve a copy of the application, with notice of the hearing, on the course provider and the procurator fiscal.

Annotations

Textual amendments

F1: Words in Sch. 2 rule 20.19 substituted (24.6.2013) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013 (S.S.I. 2013/198), paras. 1(2), 2(1)(a)
F2: Words in Sch. 2 rule 20.19(1) substituted (24.6.2013) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013 (S.S.I. 2013/198), paras. 1(2), 2(1)(b)
F3: Words in Sch. 2 rule 20.19(1) substituted (24.6.2013) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013 (S.S.I. 2013/198), paras. 1(2), 2(1)(c)
F4: Words in Sch. 2 rule 20.19(2)(c) substituted (24.6.2013) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013 (S.S.I. 2013/198), paras. 1(2), 2(1)(d)
F5: Words in Sch. 2 rule 20.19(3) substituted (24.6.2013) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013 (S.S.I. 2013/198), paras. 1(2), 2(1)(e)
F6: Words in Sch. 2 rule 20.19(3) substituted (24.6.2013) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013 (S.S.I. 2013/198), paras. 1(2), 2(1)(d)
F7: Words in Sch. 2 rule 20.19(4) substituted (24.6.2013) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2013 (S.S.I. 2013/198), paras. 1(2), 2(1)(f)

Commencement

I1: Sch. 2 rule 20.19 in force at 1.4.1996, see para. 1(1)

Footnotes

f1: 1988 c. 53; sections 34A, 34B and 34C were inserted by the Road Traffic Act 1991 (c. 40), section 30.

Notes on Chapter 20

Modifications

C1: Sch. 2 Ch. 20 continued (1.2.2011) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2010 (S.S.I. 2010/418), paras. 1(3), 2(8)