OpenLegislation

Section 64 Production of licence: Northern IrelandI1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person who—

(a)

is given a notice under section 57 by the Department, and

(b)

is the holder of a licence,

must deliver his licence and its counterpart to the Department before the end of the period of 21 days beginning with the day on which the notice is given.

(2)

The Department may make regulations substituting a longer period for the period for the time being mentioned in subsection (1).

(3)

If—

(a)

a person delivers a current receipt for his licence and its counterpart to the Department within the period for the time being mentioned in subsection (1), and

(b)

on the return of his licence and its counterpart immediately delivers them to the Department,

the duty under subsection (1) is to be taken as satisfied.

  • “Receipt” means a receipt issued under Article 62 of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).

(4)

Subsection (1) does not apply if F1the competent authority of the Republic of Ireland or the Secretary of State —

(a)

has the licence and its counterpart, or

(b)

has delivered them to the Department.

F2(5)

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

(6)

If the holder of a licence does not deliver his licence and its counterpart to the Department as required by subsection (1), he is guilty of an offence.

(7)

A person is not guilty of an offence under subsection (6) if he satisfies the court that he has applied for a new licence and has not received it.

In relation to the holder of a Great Britain licence or Community licence, a new licence includes the counterpart of such a licence.

(8)

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)

“Licence” means a Northern Ireland licence, a Great Britain licence or a Community licence.

Annotations

Textual amendments

F1

Words in s. 64(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. 9(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

F2

S. 64(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. 9(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement

I1

S. 64 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