Section 56 Application of section 57I1

United Kingdom

(1)

Section 57 applies where—

F1(a)

an individual (“the offender”) is convicted in the Republic of Ireland of an offence described in Schedule 3B,

(aa)

when convicted, the offender—

(i)

is normally resident in the United Kingdom, or

(ii)

is not normally resident in the United Kingdom but holds a Great Britain licence or a Northern Ireland licence,

(b)

no appeal is outstanding in relation to the offence,

(c)

the driving disqualification condition is met in relation to the offence, and

(d)

the offender was duly notified of the proceedings (“the relevant proceedings”) in which the disqualification was imposed and was entitled to take part in them.

F2(2)

The driving disqualification condition is met—

(a)

in relation to an offence mentioned in Part 1 of Schedule 3B, if the offender is disqualified in the Republic of Ireland as a result of the offence;

(b)

in relation to an offence mentioned in Part 2 of that Schedule, if the offender is disqualified in the Republic of Ireland for a period not less than the minimum period as a result of the offence.

(3)

For the purposes of this section an offender is disqualified in F3the Republic of Ireland if he is disqualified F4there for holding or obtaining a licence to drive a motor vehicle granted under F5the law of the Republic of Ireland (however the disqualification is described under that law).

F6(4)

The minimum period is—

(a)

for an offence in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;

(b)

for any other offence, a period of six months.

F7(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Section 57 does not apply if the relevant proceedings were brought later than the time at which summary proceedings for any corresponding offence under the law of F8the relevant part of the United Kingdom could have been brought.

F9(6A)

In subsection (6), “the relevant part of the United Kingdom” means—

(a)

where the offender was normally resident in the United Kingdom when convicted, the part of the United Kingdom in which the offender was normally resident at that time;

(b)

where the offender was not normally resident in the United Kingdom when convicted but held a Great Britain licence or a Northern Ireland licence, the part of the United Kingdom in which the offender was last normally resident before conviction.

F10(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

The appropriate Minister may make regulations F11about when offences under the law of a part of the United Kingdom F12are to be treated for the purposes of this section as corresponding to offences under the law of F13the Republic of Ireland.

(9)

For the purposes of this section no appeal is outstanding in relation to an offence if—

(a)

no appeal is brought against an offender’s conviction of the offence, or any decision made as a result of his conviction, within the time allowed for making such appeals, or

(b)

such an appeal is brought and the proceedings on appeal are finally concluded.

F14(10)

The Secretary of State may by regulations amend Schedule 3B.

Annotations

Textual amendments

F1: S. 56(1)(a)(aa) substituted for s. 56(1)(a) (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(4), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F2: S. 56(2) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F3: Words in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F4: Word in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F5: Words in s. 56(3) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(3)(c) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F6: S. 56(4) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F7: S. 56(5) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(5) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F8: Words in s. 56(6) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(6) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F9: S. 56(6A) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(7) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F10: S. 56(7) omitted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(8) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F11: Words in s. 56(8) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(a) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F12: Words in s. 56(8) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(b) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F13: Words in s. 56(8) substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(9)(c) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
F14: S. 56(10) inserted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 5(10) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement

I1: S. 56 in force at 28.1.2010 for specified purposes by S.I. 2008/3009, art. 2(1)(2)(a)(4)

Notes on Part 3

Modifications

C1: Pt. 3: 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))

Notes on Chapter 1

Textual amendments

F1: Pt. 3 Ch. 1 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(2), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Notes on Road traffic offences in Republic of Ireland

Textual amendments

F1: Words in s. 56 cross-heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 4 (with Sch. 7 para. 27); S.I. 2017/189, art. 3