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Article 5 Revocation of licences

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where the Department receives—

(a)

a notice sent to it under Article 4(2)(a) of particulars required to be endorsed on the counterpart of a person's licence, or

(b)

a person's licence and its counterpart sent to it in accordance with Article 4(2)(b) or F1(4)(b),

the Department shall by notice served on that person revoke the licence.

F2(1ZA)

Where Article 4(4)(a) applies but the appropriate person is the Department, the Department must by notice served on the person to whom the fixed penalty notice or conditional offer was given or issued, revoke that person's licence.

F3(1A)

Where the Department serves on the holder of a Great Britain licence a notice under paragraph (1) F4or (1ZA), the Department must send to the licensing authority in Great Britain—

(a)

particulars of the notice; and

(b)

the Great Britain licence.

(1B)

Where the Department is sent by that licensing authority particulars of a notice served on the holder of a licence under section 3(1) F5or (1ZA) of the Road Traffic (New Drivers) Act 1995 (c. 13), the Department must by notice served on the holder revoke the licence.

(2)

A revocation underF6 this Article shall have effect from a date specified in the notice of revocation which shall not be earlier than the date of service of that notice.

(3)

In this Article references to the revocation of a person's Great Britain licence are references to its revocation as respects Northern Ireland; and, accordingly, the person ceases to be authorised by virtue of Article 19E(1) of the Order of 1981 to drive in Northern Ireland a motor vehicle of any class.

Annotations

Textual amendments

F1

Word in art. 5(1) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 16, Sch. 2 para. 24(a) (with art. 84); S.R. 2010/370, art. 2(1), Sch. Pt. 1

F2

Art. 5(1ZA) inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 16, Sch. 2 para. 24(b) (with art. 84); S.R. 2010/370, art. 2(1), Sch. Pt. 1

F3

2003 NI 16

F4

Words in art. 5(1A) inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 16, Sch. 2 para. 24(c) (with art. 84); S.R. 2010/370, art. 2(1), Sch. Pt. 1

F5

Words in art. 5(1B) inserted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 16, Sch. 2 para. 24(d) (with art. 84); S.R. 2010/370, art. 2(1), Sch. Pt. 1

F6

Words in art. 5(2) substituted (13.12.2010) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3)(4), 16, Sch. 2 para. 24(e) (with art. 84); S.R. 2010/370, art. 2(1), Sch. Pt. 1

Notes on the whole Order

Textual amendments

F1

Order: functions transferred from Lord Chancellor to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 48 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)