{
  "url": "https://openlegislation.uk/road-traffic-offenders-northern-ireland-order-1996/article-38E",
  "json_url": "https://openlegislation.uk/road-traffic-offenders-northern-ireland-order-1996/article-38E.json",
  "legislation": "nisi/1996/1320",
  "legislation_title": "The Road Traffic Offenders (Northern Ireland) Order 1996",
  "legislation_url": "https://openlegislation.uk/road-traffic-offenders-northern-ireland-order-1996",
  "path": "article/38E",
  "kind": "article",
  "number": "38E",
  "heading": "Provisions supplementary to Articles 38A to 38D",
  "text": "(1) The Department may issue guidance to programme providers, or to any category of programme provider, as to the conduct of programmes approved for the purposes of Article 38A; and—\n(a) programme providers shall have regard to any guidance given to them under this paragraph, and\n(b) in determining for the purposes of Article 38B whether any instructions or requirements of a programme provider were reasonable, a court shall have regard to any guidance given to him under this paragraph.\n(2) The Department may by regulations make provision—\n(a) amending Article 38A(1)(b) by substituting for the period for the time being specified there a different period,\n(b) amending Article 38A(1)(d) by substituting for the period for the time being specified there a different period, or\n(c) amending Article 38A(4) by substituting for the period for the time being specified there a different period, or by substituting for the fraction of the unreduced period for the time being specified there a different fraction of that period, (or by doing both).\n(3) In Articles 38A to 38D and this Article—\n“contravention” includes failure to comply;\n“programme provider”, in relation to an alcohol ignition interlock programme, means the person by whom it is, or is to be, provided;\n“proper officer” means—\n(a)in relation to a magistrates' court, the clerk of petty sessions for the petty sessions district for which the court acts, an\n(b)otherwise, the chief clerk;\n“relevant local court”, in relation to an alcohol ignition interlock programme order in the case of an offender, means a magistrates' court acting for the petty sessions district in which the offender resides,\n“rules of court” means—\n(a)in relation to an application to a magistrates' court, magistrates' court rules; and\n(b)in relation to an application to the Crown Court, Crown Court rules;\n“supervising court”, in relation to an alcohol ignition interlock programme order, means—\n(a)if the Crown Court made the order, the Crown Court; and\n(b)otherwise a magistrates' court acting for the same petty sessions district as the court which made the order.\n(4) Regulations under Article 38A, 38B, 38C or 38D or this Article may include such incidental or supplementary provision as appears to the Department to be necessary or expedient.\n(5) Regulations under Article 38A, 38B, 38C or 38D shall be subject to negative resolution.\n(6) No regulations shall be made under this Article unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Arts. 38A-38E inserted (prosp.) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 60(1) (with art. 61)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "nisi/2008/1216",
      "affecting_title": "The Criminal Justice (Northern Ireland) Order 2008"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1996/1320/article/38E",
    "retrieved_at": "2026-10-29T04:41:50.386033+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}