Section 74 InterpretationI1
United Kingdom
In this Chapter—
“appropriate Minister” means—
- (a)
in relation to Great Britain, the Secretary of State,
- (b)
in relation to Northern Ireland, the Department,
- (a)
F1“central authority” means an authority designated by the Republic of Ireland as a central authority for the purposes of the specified agreement on driving disqualifications;
“Community licence”—
- (a)
in relation to Great Britain, has the same meaning as in Part 3 of the Road Traffic Act 1988 (c. 52),
- (b)
in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
- (a)
F2“competent authority” means an authority which is a competent authority in relation to the Republic of Ireland for the purposes of the specified agreement on driving disqualifications;
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“counterpart”—
- (a)
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b)
in relation to Northern Ireland, has the same meaning as in Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),
- (a)
“the Department” means the Department of the Environment,
“disqualified”, except in section 56, means—
- (a)
in relation to Great Britain, disqualified for holding or obtaining a Great Britain licence,
- (b)
in relation to Northern Ireland, disqualified for holding or obtaining a Northern Ireland licence,
andF5, except in section 71A, “disqualification” is to be interpreted accordingly,
- (a)
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Great Britain licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988,
“motor vehicle”—
- (a)
in relation to Great Britain, has the same meaning as in the Road Traffic Act 1988,
- (b)
in relation to Northern Ireland, has the same meaning as in the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/ 2994 (N.I.18)),
- (a)
“Northern Ireland licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981,
“prescribed” means prescribed by regulations made by the appropriate Minister.
F7“Republic of Ireland disqualification” means the disqualification mentioned in section 56;
“Republic of Ireland licence” means a licence to drive a motor vehicle granted under the law of the Republic of Ireland, including a learner permit.
In this Chapter a disqualification, or F8Republic of Ireland disqualification, for life is to be treated as being for a period of not less than six months.
For the purposes of this Chapter, an individual is normally resident in, or in a part of, the United Kingdom, in Great Britain, in Northern Ireland or in the Republic of Ireland if his or her normal residence, as defined in Article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20th December 2006 on driving licences, is there.
Annotations
Textual amendments
- F1
Words in s. 74(1) 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. 16(2) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
- F2
Words in s. 74(1) 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. 16(3) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
- F3
Words in s. 74(1) 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. 16(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
- F4
Words in s. 74 omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 6(c)
- F5
Words in s. 74(1) 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. 16(5) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
- F6
Words in s. 74(1) 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. 16(6) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
- F7
Words in s. 74(1) 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. 16(7) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
- F8
Words in s. 74(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. 17 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
- F9
S. 74(3) 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. 18 (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Commencement
- I1
S. 74 in force at 28.1.2010 by S.I. 2008/3009, art. 2(1)(2)(a)
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