OpenLegislation

Section 2 Persons to whom section 3(1) appliesF22

England, Wales and Scotland

F1(A1)

Section 3(1) (revocation of licences) applies to a person who—

(a)

is the holder of a licence, and

(b)

satisfies the conditions in subsection (1) or (3).

(1)

F2A person satisfies the conditions in this subsection if—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

F4the person is convicted of an offence involving obligatory endorsement;

(c)

the penalty points to be taken into account under section 29 of the M1Road Traffic Offenders Act 1988 on that occasion number six or more;

(d)

the court makes an order falling within section 44(1)(b) of that Act in respect of the offence;

F5(da)

the Secretary of State is required under section 44A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;

(e)

the person’s F6driving record or licence shows the date on which he became a qualified driver F7...; and

(f)

it appears to the F8Secretary of State, in the light of the order and the date so shown, that the offence was committed during the person’s probationary period.

F9(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F10A person satisfies the conditions in this subsection if—

F11(a)

the person has been given a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 or a conditional offer has been issued to the person under section 75 of that Act;

(b)

the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement;

F12(c)

the Secretary of State is required under section 57A(5) or 77A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;

(d)

the penalty points to be taken into account by the F13Secretary of State in respect of the offence number six or more;

(e)

the F14person’s driving record or licence shows the date on which the person became a qualified driver; and

(f)

it appears to the F15Secretary of State, in the light of the particulars of the offence F16to be endorsed on the F17person's driving record and the date so shown, that the offence was committed during the person’s probationary period.

F18(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

For the purposes of subsection (3)(d) the penalty points to be taken into account F19... in respect of the offence are the penalty points which would have been taken into account under section 29 of the M2Road Traffic Offenders Act 1988 if—

(a)

the person in question had been convicted of the offence; and

(b)

the number of penalty points to be attributed to the offence on that occasion had been determined in accordance with section 28(3) of that Act.

F20(6)

In this section and section 3 “licence” includes a Northern Ireland licence.

F21(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 2(A1) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(3); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F2

Words in s. 2(1) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(a); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F3

S. 2(1)(a) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(b); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F4

Words in s. 2(1)(b) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(c); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F5

S. 2(1)(da) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(d); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F6

Words in s. 2(1)(e) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(e)(i); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F7

Words in s. 2(1)(e) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(e)(ii); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F8

Words in s. 2(1)(f) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(4)(f); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F9

S. 2(2) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(5); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F10

Words in s. 2(3) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(a); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F11

S. 2(3)(a) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(b); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F12

S. 2(3)(c) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(c); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F13

Words in s. 2(3)(d) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(d); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F14

Words in s. 2(3)(e) inserted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(e); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F15

Words in s. 2(3)(f) substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(6)(f); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F16

Words in s. 2(3)(f) inserted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 67(3)(c)(i); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F17

Words in s. 2(3)(f) substituted (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para. 67(3)(c)(ii); S.I. 2015/560, art. 3(a) (with arts. 4-9)

F18

S. 2(4) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(7); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F19

Words in s. 2(5) repealed (31.3.2009) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 1 para. 25(4), Sch. 7(2); S.I. 2008/3164, art. 3(b)

F20

S. 2(6) inserted (11.10.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 46; S.I. 2004/2624, art. 2(1)(2)(b)

F21

S. 2(7) omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(8); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

F22

S. 2 heading substituted (30.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 9 para. 2(2); S.I. 2022/1187, reg. 4(a) (with Pt. 3)

Marginal citations

M1

1988 c. 53.

M2

1988 c. 53.