Paragraph 23
In Article 4 (surrender of licences)—
in paragraph (3)—
in sub-paragraph (a)—
after “Offenders Order” insert “, retained by a vehicle examiner under that Article”; and
for “fixed penalty clerk”, in the second place where it occurs, substitute “appropriate person”;
in sub-paragraphs (c), (d) and (f), for “fixed penalty clerk” substitute “appropriate person”;
in paragraph (4)—
omit “, the fixed penalty clerk”;
in sub-paragraph (a), insert at the beginning “the appropriate person”; and
in sub-paragraph (b), insert at the beginning “unless the appropriate person is the Department, he”;
in paragraph (5), omit “by the fixed penalty clerk”;
after paragraph (6) insert—
“(7)In this Article and Article 5—
“course provider”, in relation to a fixed penalty notice, means—
- (a)
if it was given by a constable or an authorised person, the fixed penalty clerk; and
- (b)
if it was given by a vehicle examiner or the Department, the Department; and
“course provider”, in relation to a conditional offer, means—
- (a)
where the conditional offer was issued under Article 80(1) of the Offenders Order, the fixed penalty clerk; and
- (b)
where it was issued under paragraph (1A) of that Article, the Department.”.