OpenLegislation

Section 30 Proceedings for offences under Part 2I1

F1(1)

Proceedings for an offence under this Part shall not be institutedF2in England and Wales except—

(a)

by F3the Secretary of State, a local authority or a constable; or

(b)

in any other case, with the consent of the Attorney General.

F4(2)

Proceedings for an offence under this Part shall not be instituted in Northern Ireland except—

(a)

by the Secretary of State or a constable; or

(b)

in any other case, with the consent of the Advocate General for Northern Ireland.

(3)

In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (2)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.

Annotations

Textual amendments

F1

S. 30 renumbered (31.7.2008) as s. 30(1) by Road Safety Act 2006 (c. 49), ss. 46(8), 61(1); S.I. 2008/1864, art. 2

F2

Words in s. 30(1) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(8)(a), 61(1); S.I. 2008/1864, art. 2

F3

Words in s. 30(a) inserted (16.3.2007 for E.W.) by Road Safety Act 2006 (c. 49), ss. 44(3), 61(1); S.I. 2007/466, art. 2(a)

F4

S. 30(2)(3) inserted (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(8)(b), 61(1); S.I. 2008/1864, art. 2

Commencement

I1

S. 30 wholly in force; s. 30 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 30 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}

Notes on Part 2

Modifications

C1

Pt. 2 extended (Scotland and Northern Ireland) (31.7.2008) by Road Safety Act 2006 (c. 49), ss. 46(1), 61(1); S.I. 2008/1864, art. 2 (with art. 3)