Section 97 Meaning of “offence involving obligatory disqualification” and “offence involving discretionary disqualification”.C1

England, Wales and Scotland

(1)

For the purposes of this Act, an offence involves obligatory disqualification if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either—

(a)

the word “obligatory” (without qualification) appears in column 5 (in the case of Part I) or column 2 (in the case of Part II) against the offence, or

(b)

that word appears there qualified by conditions or circumstances relating to the offence which are satisfied or obtain.

(2)

For the purposes of this Act, an offence involves discretionary disqualification if it is an offence under a provision of the Traffic Acts specified in column 1 of Part I of Schedule 2 to this Act or an offence specified in column 1 of Part II of that Schedule and either—

(a)

the word “discretionary” (without qualification) appears in column 5 (in the case of Part I) or column 2 (in the case of Part II) against the offence, or

(b)

that word appears there qualified by conditions or circumstances relating to the offence which are satisfied or obtain.

Annotations

Modifications

C1: S. 97: power to exclude or modify conferred (1.7.1992) by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 193A(2)(b) (which was inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 46(2); S.I. 1992/1286, art. 2,Sch.).