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The Road Traffic (Courses for Drink-Drive Offenders) Regulations 1992

S.I. 1992/3013 · Made 2 December 1992

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 2nd December 1992

Laid before Parliament 3rd December 1992

Coming into force 24th December 1992

The Secretary of State for Transport, in exercise of the powers conferred by sections 34B(3) and (8) and 34C(3)of the Road Traffic Offenders Act 1988f1, and of all other enabling powers, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1988 c. 53; Sections 34A, 34B and 34C were inserted by section 30 of the Road Traffic Act 1991 (c. 40).

Contents

  1. 1Citation and Commencement
  2. 2Interpretation
  3. 3Certificate of completion
  4. 4Course organiser
  5. 5Notice of non-completion
  6. Signature
  7. Explanatory note

1Citation and Commencement

These Regulations may be cited as The Road Traffic (Courses for Drink-Drive Offenders) Regulations 1992 and shall come into force on 24th December 1992.

2Interpretation

In these Regulations–

  • “the Act” means the Road Traffic Offenders Act 1988;

  • “course” means a course approved by the Secretary of State for the purposes of section 34A of the Act;

  • “manager”, in relation to a course, means the person for the time being nominated as the manager of the course by the Secretary of State.

3Certificate of completion

The certificate referred to in section 34B(1) of the Act shall be a certificate in such form and contain such particulars as may from time to time be determined by the Secretary of State.

4Course organiser

The person responsible for giving the certificates mentioned in section 34B(1) of the Act in respect of the completion of a course shall be the person for the time being nominated for that purpose by the manager.

5Notice of non-completion

A notice under subsection (5) of section 34B of the Act shall, for the purposes of that subsection, be treated as given a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that it was returned as undelivered or was for any other reason not received by him.

Signature

Signed by authority of the Secretary of State for Transport

Kenneth Carlisle

Parliamentary under Secretary of State,

Department of Transport

2nd December 1992

Explanatory note

(This note is not part of the Regulations)

Sections 34A and 34B of the Road Traffic Offenders Act 1988, which were inserted by section 30 of the Road Traffic Act 1991, give courts power to order that the period of disqualification imposed on a person convicted of a drink-drive offence is to be reduced if he completes a course approved by the Secretary of State. Section 31 of the 1991 Act applies those provisions with modification during an experimental period. In particular, during the experimental period, orders can be made only by courts acting for designated areas.

These Regulations make provision for–

(a)

the form and content of the certificate to be given to an offender when he satisfactorily completes a course;

(b)

determining the person responsible for giving such certificates;

(c)

the circumstances in which a notice of non-completion of a course is to be treated as given to the offender.