Section 65 Production of licence: Community licence holdersI1

United Kingdom

(1)

This section applies where—

(a)

the holder of a Community licence is disqualified by virtue of section 57, and

(b)

the licence is sent to the Secretary of State or the Department under section 63 or 64.

(2)

The Secretary of State or (as the case may be) the Department must send—

(a)

the holder’s name and address, and

(b)

particulars of the disqualification,

to the licensing authority in the EEA State in respect of which the licence was issued.

(3)

But subsection (2) does not apply if the EEA State is F1the Republic of Ireland.

(4)

The Secretary of State or (as the case may be) the Department must return the licence to the holder—

(a)

on the expiry of the relevant period of the disqualification (within the meaning of section 57), or

(b)

if earlier, on being satisfied that the holder has left Great Britain or (as the case may be) Northern Ireland and is no longer normally resident there.

(5)

But subsection (4) does not apply at any time where—

(a)

the Secretary of State or the Department would otherwise be under a duty under paragraph (a) of that subsection to return the licence, and

(b)

the holder would not at that time be authorised by virtue of section 99A(1) of the Road Traffic Act 1988 (c. 52) or Article 15A(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)) to drive in Great Britain or Northern Ireland a motor vehicle of any class.

(6)

In that case the Secretary of State or (as the case may be) the Department must—

(a)

send the licence to the licensing authority in the EEA State in respect of which it was issued, and

(b)

explain to that authority the reasons for so doing.

(7)

“EEA State” has the same meaning as in Part 3 of the Road Traffic Act 1988.

Annotations

Textual amendments

F1: Words in s. 65(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. 10 (with Sch. 7 para. 27); S.I. 2017/189, art. 3

Commencement

I1: S. 65 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