Section 104 Conduct of proceedings in certain courts by or against the Secretary of State.
England, Wales and Scotland
Any proceedings by or against the Secretary of State in a magistrates’ court or F1the county court under this Part of this Act or Part II of the Road Traffic Offenders Act 1988 may F2, except in the county court if rules of court provide otherwise, be conducted on behalf of the Secretary of State by a person authorised by him for the purposes of this subsection.
Any proceedings in any court in Scotland, other than the High Court of Justiciary or the Court of Session, against the Secretary of State under this Part of this Act or Part II of the M1Road Traffic Offenders Act 1988 may be conducted on behalf of the Secretary of State by any person authorised by him for the purposes of this subsection.
Annotations
Textual amendments
- F1
Word in s. 104(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 126(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
- F2
Words in s. 104(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 126(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Marginal citations
- M1
Notes on Part III
Modifications
- C1
Pt. III (ss. 87–109) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 37(3)
- C2
Pt. III (ss. 87–109) restricted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 1(6), Sch. 1 para. 6(5)
Pt. III (ss. 87-109) restricted (1.6.1997) by 1995 c. 13, ss. 4(1), 6, Sch. 1 Pt. III para. 6(1), Pt. IV para. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
Pt. III (ss. 87-109) extended (1.6.1997) by 1995 c. 13, s. 5(7) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
Pt. III (ss. 87-109) applied (1.6.1997) by 1995 c. 13, s. 9(1) (with ss. 8, 10(3)); S.I. 1997/267, art. 2(2)
- C3
Pt. 3 excluded by 1988 c. 53, s. 37(4) (as added (4.1.2016) by The Road Traffic Offenders Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2015 (S.I. 2015/2004), reg. 2(2))