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The New Drivers (Appeals Procedure) Regulations 1997

S.I. 1997/1098 · Made 26 March 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ROAD TRAFFIC

Made 26th March 1997

Laid before Parliament 1st April 1997

Coming into force 1st June 1997

The Secretary of State for Transport, in exercise of the powers conferred by section 5 of, and paragraph 11 of Schedule 1 to, the Road Traffic (New Drivers) Act 1995f1, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

1995 c. 13.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Licences granted pending appeal
  3. 3Notices of appeal
  4. 4Notice of abandonment of appeal
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the New Drivers (Appeals Procedure) Regulations 1997 and shall come into force on 1st June 1997.

(2)

In these Regulations—

  • “the Act” means the Road Traffic (New Drivers) Act 1995;

  • “appellate court” means—

    1. (a)

      in England and Wales, the Crown Court, the High Court or the Court of Appeal, as the case may be;

    2. (b)

      in Scotland, the High Court of Justiciary;

  • “relevant appeal” means an appeal against—

    1. (a)

      a conviction, or

    2. (b)

      an order of a court in England and Wales for the endorsement of a licence or a sentence passed by a court in Scotland which includes an order for the endorsement of a licence,

    which is, or forms part of, the basis for the revocation of the licence or a test certificate.

2Licences granted pending appeal

(1)

There is prescribed for the purposes of section 5(1) of the Act (duration of licences granted without retesting pending appeal) a period expiring on the date on which the revoked licence would have expired if it had not been revoked.

(2)

Where the Secretary of State has—

(a)

revoked a person’s test certificate under paragraph 5(1) of Schedule 1 to the Act or, as the case may be, revoked a person’s licence and test certificate under paragraph 8(1) of that Schedule, and

(b)

received notice that the person is making a relevant appeal,

he must, if that person surrenders to him any previous licence granted to him or provides an explanation for not surrendering it that the Secretary of State considers adequate, grant to that person a full licence in accordance with paragraph (3) below.

(3)

A licence granted under paragraph (2) above shall—

(a)

have effect for the purposes of the Road Traffic Acts as if it were a licence granted under Part III of the Road Traffic Act 1988f1,

(b)

subject to section 92 and Part IV of that Act, authorise the driving of all classes of vehicle which, immediately before his test certificate was revoked, the person was permitted to drive without observing the prescribed conditions, and

(c)

subject to paragraph (4) below, be for a period expiring on the date on which a licence granted under Part III of that Act would have expired.

(4)

A licence granted under paragraph (2) shall be treated as revoked if—

(a)

following the appeal, the penalty points taken into account for the purposes of section 2(1) of the Act are not reduced to a number smaller than six, or

(b)

the appeal is abandoned.

3Notices of appeal

(1)

Subject to paragraphs (2) and (3) below, notice of a relevant appeal shall be given to the Secretary of State—

(a)

in England and Wales, by the magistrates’ court or Crown Court in which the case is heard;

(b)

in Scotland, by the Sheriff Court or district court in which the case is heard.

(2)

Notice of a relevant appeal from a magistrates’ court or Crown Court by case stated shall be given to the Secretary of State by the High Court.

(3)

Notice of a further appeal from a decision of an appellate court shall be given to the Secretary of State by the appellate court from which the appeal is made.

(4)

A notice pursuant to this regulation shall be given—

(a)

in the case of an appeal by case stated, as soon as reasonably practicable after the day on which the case is lodged in the High Court;

(b)

in the case of any other appeal—

(i)

where leave to appeal or for abridgement of time is necessary, as soon as reasonably practicable after the court has granted such leave or abridgement, or

(ii)

in any other case, as soon as reasonably practicable after notice of appeal is duly given by the appellant.

4Notice of abandonment of appeal

Notice of the abandonment of any relevant appeal shall be given to the Secretary of State—

(a)

in England and Wales, by the appellate court to which the appeal is made, or

(b)

in Scotland, by the Sheriff Court or district court in which the case is heard,

as soon as reasonably practicable after the day on which notice of the abandonment of the appeal is duly given.

Signature

Signed by authority of the Secretary of State for Transport

John Bowis

Parliamentary Under Secretary of State,

Department of Transport

26th March 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision in respect of the procedure to be followed when a person whose licence or test certificate has been revoked by the Secretary of State under the Road Traffic (New Drivers) Act 1995 appeals against his conviction or the terms of the licence endorsement order made by the court.

They specify the nature and duration of a licence granted by the Secretary of State pending determination of the appeal and prescribe which court must give to the Secretary of State notice of the appeal and of any subsequent abandonment thereof.