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Paragraph 23

Original text. Later amendments are not shown.

In Article 4 (surrender of licences)—

(a)

in paragraph (3)—

(i)

in sub-paragraph (a)—

(A)

after “Offenders Order” insert “, retained by a vehicle examiner under that Article”; and

(B)

for “fixed penalty clerk”, in the second place where it occurs, substitute “appropriate person”;

(ii)

in sub-paragraphs (c), (d) and (f), for “fixed penalty clerk” substitute “appropriate person”;

(b)

in paragraph (4)—

(i)

omit “, the fixed penalty clerk”;

(ii)

in sub-paragraph (a), insert at the beginning “the appropriate person”; and

(iii)

in sub-paragraph (b), insert at the beginning “unless the appropriate person is the Department, he”;

(c)

in paragraph (5), omit “by the fixed penalty clerk”;

(d)

after paragraph (6) insert—

“(7)

In this Article and Article 5—

  • “course provider”, in relation to a fixed penalty notice, means—

    1. (a)

      if it was given by a constable or an authorised person, the fixed penalty clerk; and

    2. (b)

      if it was given by a vehicle examiner or the Department, the Department; and

  • “course provider”, in relation to a conditional offer, means—

    1. (a)

      where the conditional offer was issued under Article 80(1) of the Offenders Order, the fixed penalty clerk; and

    2. (b)

      where it was issued under paragraph (1A) of that Article, the Department.”.