Section 99E Return of Community licences delivered to Secretary of State.F1

England, Wales and Scotland

(1)

This section applies where a Community licence is delivered to the Secretary of State in pursuance of section 99C or 115A of this Act.

(2)

Subject to subsection (3) below, the Secretary of State must, on or after the expiry of the relevant period, forward the Community licence to the licensing authority in the EEA state in respect of which it was issued and explain to them his reasons for so doing.

(3)

Where the Secretary of State is satisfied that the Community licence holder has ceased to be normally resident in Great Britain before the expiry of the relevant period, the Secretary of State must return the Community licence to the holder.

(4)

In this section “relevant period” means—

(a)

in a case where the Community licence holder appeals under section 100 or 119 of this Act against the requirement to surrender his Community licence, the period ending on the date on which the appeal is finally determined or abandoned, and

(b)

in any other case, the period of seven months beginning with the date on which the Secretary of State received the Community licence.

Annotations

Textual amendments

F1: S. 99E inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 13

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))

Notes on Community licence holders

Textual amendments

F1: S. 99A and cross-heading inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, reg. 2, Sch. 1 para. 9