OpenLegislation

Section 57 Recognition in United Kingdom of Republic of Ireland driving disqualificationF11I1

United Kingdom

(1)

Where this section applies, the appropriate Minister—

(a)

must give the offender a notice under this section if the unexpired period of F1the Republic of Ireland disqualification is not less than F2three months, and

(b)

may give him a notice under this section if that period is less than three months.

(2)

The unexpired period of F3the Republic of Ireland disqualification is—

(a)

the period of the Republic of Ireland disqualification, less

(b)

any period of that disqualification which is treated by regulations made by the appropriate Minister as having been served in F4the Republic of Ireland .

(3)

The provision which may be made by regulations under subsection (2)(b) includes provision for treating any period during which a central authority or competent authority of F5the Republic of Ireland has seized a licence without returning it as a period which has been served F6there.

(4)

If the appropriate Minister gives the offender a notice under this section, the offender is disqualified in each part of the United Kingdom—

(a)

for the relevant period, and

(b)

if F7the Republic of Ireland disqualification is also effective until a condition is satisfied, until the condition or a corresponding prescribed condition is satisfied.

(5)

The relevant period is the period which—

(a)

begins at the end of the period of 21 days beginning with the day on which the notice is given, and

(b)

is equal to the unexpired period of F8the Republic of Ireland disqualification.

(6)

But if F9the Republic of Ireland disqualification is at any time removed otherwise than in prescribed circumstances, the offender ceases to be disqualified in each part of the United Kingdom from that time.

(7)

The appropriate Minister may make regulations substituting a longer period for the period for the time being mentioned in subsection (5)(a).

(8)

Where F10the Republic of Ireland disqualification is for life—

(a)

the condition in subsection (1)(a) is to be treated as satisfied, and

(b)

the other references in this section and section 58 to the unexpired period of the Republic of Ireland disqualification are to be read as references to a disqualification for life.

Annotations

Textual amendments

F1

Words in s. 57(1)(a) 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. 6(3)(a) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F2

Words in s. 57(1)(a)(b) 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. 6(4) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3; S.I. 2017/189, art. 3

F3

Words in s. 57(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. 6(3)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F4

Words in s. 57(2)(b) 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. 6(5) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F5

Words in s. 57(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. 6(6)(a) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F6

Word in s. 57(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. 6(6)(b) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F7

Words in s. 57(4)(b) 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. 6(3)(c) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F8

Words in s. 57(5)(b) 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. 6(3)(d) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F9

Words in s. 57(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. 6(3)(e) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F10

Words in s. 57(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. 6(3)(f) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

F11

Words in s. 57 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. 6(2) (with Sch. 7 paras. 23-27); S.I. 2017/189, art. 3

Commencement

I1

S. 57 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