United Kingdom Statutory Instruments

(a) such transitional provisions and savings;

(b) such supplementary, incidental or consequential provisions (including any provision amending this Order),

as the Department considers necessary or expedient in connection with the coming into operation of any of the provisions of this Order.

    (5) The day on which Articles 38 and 39 and Schedule 4 (and the repeals contained in Part IV of Schedule 8) come into operation must be–

(a) later than the day on which Article 16 and Schedule 2 (and the repeals contained in Part III of Schedule 8) come into operation, but

(b) earlier than the day on which Article 40 and Schedule 5 (and the repeals contained in Part V of Schedule 8) come into operation.

(a) for columns (5) to (7) of the entry relating to offences under Article 23 of the Order of 1995 (driving or riding in a motor vehicle in contravention of regulations requiring the wearing of seat belts) substitute–



Discretionary.

Obligatory.

" (a) 3 if committed by driving a motor vehicle in contravention of regulations requiring wearing of seat belts. (b) 2 if committed by riding in a motor vehicle in contravention of regulations requiring wearing of seat belts. ";

(b) for columns (5) to (7) of the entry relating to offences under Article 24(2) of the Order of 1995 (driving motor vehicle with child in front not wearing seat belt) substitute–

Discretionary.

Obligatory.

3";

(c) for columns (5) to (7) of the entry relating to offences under Article 24(5) of the Order of 1995 (driving motor vehicle with child in rear not wearing seat belt) substitute–

Discretionary.

Obligatory.

3";

    " (4A) Where a person convicted of an offence under Article 54 of the Order of 1995 (using vehicle in dangerous condition etc.) has within the 3 years immediately preceding the commission of the offence been convicted of any such offence, paragraph (1) shall apply in relation to him as if the reference to 12 months were a reference to 6 months.".

    (2) In Part I of Schedule 1 to the Offenders Order (prosecution and punishment of offences) in the entry relating to Article 54 of the Order of 1995 (using vehicle in dangerous condition etc.) in column (5) for "Discretionary." substitute–

" (a) Obligatory if committed within 3 years of a previous conviction of the offender under Article 54. (b) Discretionary in any other case. "

    " (3) Paragraph (1)(b) has effect subject to Article 32A.".

    (3) After Article 32 insert–

    " (2) Any order made under paragraph (1) in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)–


(a) the nature of the contravention constituting the offence;

(b) how serious it is;

(c) the area, or sort of place, where it takes place; and

(d) whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.".

(a) in paragraph (1) (offence for a person to drive if he is not the holder of a licence) for the words "if he is not the holder of" substitute the words "otherwise than in accordance with";

(b) in paragraph (2) (offence to allow a person to drive if he does not hold a licence) for the words "if that other person is not the holder of a licence authorising him" substitute the words "otherwise than in accordance with a licence authorising that other person".

(a) by giving instruction themselves;

(b) by arranging for the giving of driving instruction by their employees; or

(c) by arranging for the giving of driving instruction by persons who are franchisees under driving instruction franchises under which they are the franchisor.

    (2) In this Part "a driving instruction franchise" is an agreement under which one party ("the franchisor") grants to another party ("a franchisee") rights consisting of or including the right to use a particular trading name, style or design in the carrying on of business in the giving of driving instruction.

    (3) In this Part references to "the franchisor" and "a franchisee", in relation to a driving instruction franchise, shall be construed accordingly.

    (4) In this Part "current", in relation to a licence or certificate, means one which has not expired and has not been cancelled, revoked or suspended.

    (5) In this Part–

(a) "Community licence" and "counterpart", in relation to a Community licence;

(b) "provisional licence"; and

(c) "motor vehicle";

have the same meanings as in the Order of 1981.

    (6) In this Part–

"prescribed" means prescribed by regulations;

"regulations" means regulations made by the Department.

(a) must not give paid driving instruction of any prescribed description unless he is registered in respect of the giving of that description of driving instruction; and

(b) must not carry on business in the provision of paid driving instruction of any prescribed description unless he is registered in respect of the carrying on of business in the provision of that description of driving instruction.

    (2) A person–

(a) must not give paid driving instruction of any prescribed description unless prescribed arrangements as to the displaying of evidence that he is registered in respect of the giving of that description of driving instruction are complied with; and

(b) must not carry on business in the provision of paid driving instruction of any prescribed description unless prescribed requirements as to the displaying of evidence that he is registered in respect of the carrying on of business in the provision of that description of driving instruction are complied with.

    (3) In this Part "driving instruction" means instruction in relation to the driving of a motor vehicle.

    (4) Regulations under this Part which prescribe a description of driving instruction may do so by reference to–

(a) the class of motor vehicle to which the instruction relates;

(b) the description of persons to whom the instruction is given or provided; or

(c) the nature of the instruction or where or how it is given or provided.

    (5) For the purposes of this Part instruction is paid instruction if payment of money or money's worth is, or is to be, made for the instruction by or in respect of the person to whom the instruction is given or provided.

    (6) Regulations may prescribe circumstances in which instruction provided free of charge shall be deemed to be given for payment of money by or in respect of the person to whom the instruction is given or provided.

    (7) For the purposes of this Part a person is "registered" if his name is in the register together with–

(a) an indication as to whether he is registered in respect of the giving of driving instruction or the carrying on of business in the provision of driving instruction (or both);

(b) an indication as to the description of driving instruction in respect of which he is registered; and

(c) such other particulars as may be prescribed,

(a) conditions requiring the persons to have passed such examinations of ability and fitness to give driving instruction of that description as may be prescribed under Article 62;

(b) conditions requiring the persons to hold, or to have held for a prescribed period, such licences to drive motor vehicles of a prescribed description as may be prescribed; and

(c) conditions requiring the persons not to have been disqualified during a prescribed period under prescribed provisions for holding or obtaining a licence to drive motor vehicles.

    (3) A person may be registered in respect of a description of driving instruction subject to fulfilling the conditions prescribed under this paragraph for so long as he continues to be so registered.

    (4) In the case of registration of persons in relation to the giving of a description of driving instruction, those conditions may (in particular) include–

(a) conditions requiring the persons, if at any time required to do so by the Registrar, to submit themselves for such examinations of continued ability and fitness to give driving instruction of that description as may be prescribed under Article 62;

(b) conditions requiring the persons to have passed those examinations;

(c) conditions within paragraph (2)(b) and (c); and

(d) conditions requiring the persons to follow guidance issued by the Registrar as to the giving of driving instruction of that description.

    (5) In the case of the registration of persons in relation to the carrying on of business in the provision of a description of driving instruction, those conditions may (in particular) include–

(a) conditions requiring the person to secure that motor vehicles and premises used by them in the carrying on of the business meet prescribed standards throughout the period of registration;

(b) conditions requiring the persons, if at any time required to do so by the Registrar, to allow those motor vehicles and premises to be inspected; and

(c) conditions requiring the persons to follow guidance issued by the Registrar as to the carrying on of business in the provision of driving instruction of that description.

(a) to refuse an application–


(i) for his registration, or

(ii) for the extension of his registration;



(b) to terminate his registration;

(c) to give him a direction under Article 58,

may by notice in writing appeal to the Department within the period of 28 days beginning with the day on which notice of the decision was given in accordance with this Part.

    (2) On an appeal under paragraph (1) the Department may –

(a) grant or refuse the application;

(b) continue or terminate the registration; or

(c) revoke or confirm the direction or alter the period specified in the direction,

(as the case may be) as it thinks fit.

    (3) The Department must, on making a decision under paragraph (2), give notice in writing of the decision to the appellant including–

(a) where it dismisses the appeal, particulars of the grounds of the decision;

(b) where it gives a direction under paragraph (6), notice of that direction.

    (4) A refusal or termination under paragraph (2)(a) or (b) shall take effect at the end of the period of 14 days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under Article 60 is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).

    (5) But the Department may, when giving notice of its decision of a refusal or termination under paragraph (2)(a) or (b), direct that the decision shall instead take effect–

(a) where no appeal under Article 60 is brought against the decision within the time limited for the appeal, on the expiration of that time;

(b) where such an appeal is brought and is withdrawn, on the withdrawal of the appeal;

(c) where such an appeal is brought and not withdrawn, if and when the appeal is dismissed, and not otherwise.

    (6) A refusal or termination under paragraph (2)(a) or (b) may direct that an application by the appellant to be registered shall not be entertained before the expiration of such period, not exceeding 4 years beginning with the day on which the refusal or termination is made, as may be specified in the refusal or termination.

    (7) If the Department considers that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, it may (instead of making a decision under paragraph (2)) remit the matter to the Registrar for him to reconsider the decision.

    (8) A person who is aggrieved by a decision of the Registrar not to give a direction under Article 56(7) or 57(6) may by notice in writing appeal to the Department within the period of 10 days beginning with the day on which notice of the decision is given.

    (9) The Department shall determine an appeal under paragraph (8) by either–

(a) giving the direction concerned; or

(b) dismissing the appeal,

within 14 days beginning with the day on which notice of the decision is given.

    (10) The Department must, on making a decision under paragraph (9), give notice in writing of the decision to the appellant including, where it dismisses the appeal, particulars of the grounds of that dismissal.

    (11) Where the Registrar has decided to refuse an application for the extension of a person's registration or to terminate a person's registration but either–

(a) he gave a direction under Article 56(7) or 57(6); or

(b) the Department has given such a direction on appeal,

he may by notice in writing apply to the Department for a direction that the decision is to take effect immediately.

    (12) The Department shall determine the Registrar's application under paragraph (11) by either granting or refusing the application within 14 days beginning with the day on which notice of the decision is given .

    (13) The Department may only grant the application if it considers that a failure to do so might prejudicially affect–

(a) the well-being of any person to whom the person concerned may give instruction in the driving of a motor vehicle; or

(b) the safety of road users.

(a) the nature of examinations of the fitness and ability (or continued fitness and ability) to give driving instruction (which may consist of practical tests and other tests and means of assessment) and the administrative arrangements for submitting for such examinations;

(b) the qualification, selection and appointment of persons by whom they may be conducted, conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment and the revocation of any appointment;

(c) evidence of the results of such examinations; and

(d) the making available of information about the results of such examinations,

and generally with respect to such examinations.

    (2) In particular, the regulations may make provision–

(a) for requiring a person submitting himself for any part of an examination which consists of practical tests, to provide a safe and suitable vehicle for the purposes of the practical tests and for requiring that, if the vehicle is a vehicle of a prescribed description, the vehicle has been certified in the prescribed manner after a prescribed inspection as satisfying such requirements as may be prescribed;

(b) for the charging (whether on the making by a person of arrangements to submit himself for any part of an examination or otherwise) of reasonable fees for or in connection with the examination, or any part of it, and any inspection and certification of a vehicle required by regulations under sub-paragraph (a) in relation to any part of the examination;

(c) for requiring a person who desires to submit himself, or is required to submit himself, for an examination, or any part of it, to supply the Registrar with such particulars as the Department may determine; and

(d) for ensuring that a person submitting himself for an examination, or any part of it, and failing to pass it shall not be eligible to submit himself for another examination, or any part of it, by the same or any other person before the end of a prescribed period, unless in accordance with the power conferred on the Department by Article 63.

(a) is authorised to apply to undergo an emergency control assessment; or

(b) is required by the Registrar to submit himself for an emergency control assessment.

    (2) An emergency control assessment is an assessment of whether the person being assessed would be able either–

(a) to take control of a motor vehicle of a class covered by his disabled person's limited driving licence without any modifications; or

(b) to take control of a motor vehicle of a class covered by his disabled person's limited driving licence only with appropriate modifications of such a motor vehicle;

if an emergency arose while he was giving, in such a motor vehicle, instruction in the driving of an appropriate motor vehicle.

    (3) Where a person is authorised to apply to undergo an emergency control assessment, for his application to be duly made, it must be made to the Department and must include–

(a) a declaration by the person making the application, in such form as the Department may require, stating every relevant disability or prospective disability from which the person is suffering or has at any time (or, if a period is prescribed by regulations, has during that period) suffered; and

(b) such other particulars as the Department may require.

    (4) Where a person is required to submit himself for an emergency control assessment he must furnish to the Department such particulars as the Department may require.

    (5) Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Department, or such other person as the Department may specify, in respect of that assessment.

    (6) An emergency control assessment–

(a) shall be conducted by a person appointed by the Department (in this Article referred to as "the assessor"); and

(b) shall consist of such practical tests and other means of assessment as the Department may determine.

    (7) On completing an emergency control assessment of a person, the assessor shall grant him an emergency control certificate if he is satisfied either–

(a) that, in the circumstances mentioned in paragraph (2), that person would be able to take control of a motor vehicle of a class covered by his disabled person's limited driving licence without any modifications; or

(b) that, in the circumstances mentioned in paragraph (2), that person would be able to take control of a motor vehicle of a class covered by his disabled person's limited driving licence only with appropriate modifications of such a motor vehicle,

but if the assessor is not so satisfied, he shall refuse to grant a certificate to that person.

    (8) An emergency control certificate granted to any person–

(a) shall specify the class of motor vehicle covered by his disabled person's limited driving licence in relation to which the assessor is satisfied as mentioned in paragraph (7)(a) or (b), specifying, in a case falling within sub-paragraph (b) the modifications that are appropriate; and

(b) may include a recommendation that the person should undergo a further emergency control assessment after the end of such period as is specified in the certificate,

and shall otherwise be in such form as the Department may determine.

    (9) Different modifications for different classes of motor vehicle may be specified under paragraph (8)(a).

    (10) The assessor who has assessed any person under this Article–

(a) if he grants an emergency control certificate, shall–


(i) give or send the certificate to that person; and

(ii) send a copy of the certificate to the Registrar; and



(b) if he refuses to grant such a certificate, shall–



(i) give notice in writing to that person of his decision and of the reasons for it; and

(ii) send a copy of the notice to the Registrar.

(a) the period at the end of which a person's registration is terminated (unless extended or further extended);

(b) the period for which a person's registration may be extended or further extended; and

(c) the period before the end of which it may be directed that any application by a person to be registered shall not be entertained.

(a) in section 9(1) (fees for road service licences) the words ", with the approval of the Ministry of Finance,";

(b) in section 16(2) (fees for operators' licences) the words "with the approval of the Ministry of Finance";

(c) in section 23(2) (fees for vehicle licences) the words "with the approval of the Ministry of Finance";

(d) in section 25, (fees for vehicle licences for farmers and milk hauliers) in subsections (2) and (4) the words "with the approval of the Ministry of Finance".

    (3) In the Order of 1981–

(a) Article 19C(3) (fees under regulations);

(b) in Article 66(1)(a) (fees for licences for public service vehicles) the words ", subject to the approval of the Department of Finance,";

(c) in Article 79A(2) (fees for taxi drivers' licences) the words "with the approval of the Department of Finance and Personnel";

(d) in Article 80 (repayment of fees) the words ", with the approval of the Department of Finance,";

(e) in Article 132(2)(a) (fees to be paid for registration as approved driving instructor) the words ", with the approval of the Department of Finance,";

(f) in Article 132(2)(d) (fees to be paid for application for examination as approved driving instructor) the words "with the approval of the Department of Finance";

(g) in Article 135(2)(a) (fees to be paid for approved driving instructor licence) the words ", with the approval of the Department of Finance,".

(a) The Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 (SR 1999/454)

(b) The Road Vehicle Lighting Regulations (Northern Ireland) 2000 (SR 2000/169);

Article 63 (obligatory test certificates for motor vehicles).

    (3) Payments under this Article shall be made at such times, in such manner and subject to such conditions as the Secretary of State may determine.

    (4) The Secretary of State may by order amend paragraph (2) by making additions to or deletions from the list of offences for the time being set out there.

    (5) An order made under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

    (6) In paragraph (2) "construction and use requirements" has the meaning given by Article 53 of the Order of 1995.

    (7) In this Article "public authority" means–

(a) the Policing Board;

(b) a Northern Ireland department;

(c) any other body which exercises functions of a public nature.

(a) Article 84 of the Order of 1981 (foreign vehicles);

(b) Article 77 or 79 of the Order of 1995 (unfit or overloaded vehicles); or

(c) Article 91E of the Offenders Order (failure to make payment of financial penalty deposit);

    (2) Regulations under this Schedule are subject to negative resolution.

(a) fix an immobilisation device to the vehicle, and

(b) move the vehicle, or direct it to be moved, for the purpose of enabling an immobilisation device to be fitted it.

    (2) The regulations may provide that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations the person fixing the device must also fix to the vehicle a notice–

(a) indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device,

(b) specifying the steps to be taken to secure its release, and

(c) giving such other information as may be prescribed.

    (3) The regulations may provide that a vehicle to which an immobilisation device has been fixed in accordance with the regulations–

(a) may only be released from the device by or under the direction of an authorised person, but

(b) subject to that, must be released from the device if the first and second requirements specified below are met.

    (4) The first requirement is that such charge in respect of the release as may be prescribed is paid in any manner specified in the immobilisation notice.

    (5) The second requirement is that, in accordance with instructions specified in the immobilisation notice, there is produced such evidence as may be prescribed establishing that the prohibition has been removed.

    (6) The regulations may provide that they do not apply in relation to a vehicle if–

(a) a current disabled person's badge is displayed on the vehicle, or

(b) such other conditions as may be prescribed are fulfilled,

and "disabled person's badge" means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 44) or a recognised badge within the meaning given by section 14A of that Act.

    (7) The regulations may provide that an immobilisation notice is not to be removed or interfered with except by or on the authority of a person falling within a prescribed description.

(a) in accordance with regulations under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 44), and

(b) in circumstances falling within section 14B(1)(b) of that Act (use where a disabled person's concession would be available),

the person in charge of the vehicle at that time is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (5) The regulations may provide that where–

(a) a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations,

(b) the declaration is that the prohibition has been removed, and

(c) the declaration is to the person's knowledge either false or in any material respect misleading,

he is guilty of an offence.

    (6) The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (5) is liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.

Removal and disposal of vehicles

     4. —(1) The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may remove the vehicle or direct it to be removed.

    (2) The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may deliver the vehicle, or direct it to be delivered, into the custody of a person–

(a) who is identified in accordance with prescribed rules, and

(b) who agrees to accept delivery in accordance with arrangements agreed between that person and the Department,

and the arrangements may include provision as to the payment of a sum to the person into whose custody the vehicle is delivered.

    (3) The regulations may make provision for such persons as may be prescribed to be informed that a vehicle has been removed and delivered into a person's custody and may, in particular, include provision requiring–

(a) the publication by an authorised person of such notices as may be prescribed, and

(b) the giving of notice by an authorised person to such persons as may be prescribed.

    (4) The regulations may provide that the person into whose custody the vehicle is delivered may dispose of it, and may in particular make provision as to–

(a) the time at which the vehicle may be disposed of, and

(b) the manner in which it may be disposed of.

    (5) The regulations may make provision allowing a person to take possession of the vehicle if–

(a) he claims it before it is disposed of, and

(b) any prescribed conditions are fulfilled.

    (6) The regulations may provide for a sum of an amount arrived at under prescribed rules to be paid to a person if–

(a) he claims after the vehicle's disposal to be or to have been its owner or to have been the person in charge of the vehicle when it was removed,

(b) the claim is made within a prescribed time of the disposal, and

(c) any other prescribed conditions are fulfilled.

    (7) The regulations may provide that (whether or not a claim is made under provision made under sub-paragraph (5) or (6))–

(a) the Department, or

(b) a person into whose custody the vehicle is delivered under the regulations,

may recover from the vehicle's owner or the person in charge of the vehicle such charges as may be prescribed in respect of all or any of its release, removal, custody and disposal.

    (8) In sub-paragraph (7) "person in charge" and "owner", in relation to a vehicle, means the person who was in charge of the vehicle or was the vehicle's owner when it was removed.

    (9) The conditions prescribed under sub-paragraph (5) may include conditions as to–

(a) satisfying the person with custody that the claimant is the vehicle's owner or was the person in charge of the vehicle when it was removed,

(b) the payment of prescribed charges in respect of the vehicle's release, removal and custody, and

(c) the production of such evidence as may be prescribed establishing that the prohibition has been removed.

    (10) The regulations may in particular include provision for purposes corresponding to those of Articles 51 to 54 of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) (disposal and charges) subject to such additions, omissions or other modifications as the Department thinks fit.

(a) a person makes a declaration with a view to securing possession of a vehicle purported to have been delivered into the custody of a person in accordance with provision made under paragraph 4,

(b) the declaration is that the prohibition has been removed, and

(c) the declaration is to the person's knowledge either false or in any material respect misleading,

he is guilty of an offence.

    (3) The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (2) is liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.

Disputes

     6. The regulations may make provision about the proceedings to be followed where a dispute occurs as a result of the regulations, and may in particular make provision–

(a) for an application to be made to a court of summary jurisdiction, or

(b) for a court to order a sum to be paid by the Department.

Authorised persons

     7. As regards anything falling to be done under the regulations (such as receiving payment of a charge or other sum) the regulations may provide that it may be done–

(a) by an authorised person, or

(b) by an authorised person or a person acting under his direction.

Application of Offenders Order

     8. The regulations may make provision for the application of any or all of Articles 5, 10, 14 and 15(1) of the Offenders Order to an offence for which provision is made by the regulations.

(a) a vehicle examiner (within the meaning of Part III of that Order); or

(b) a constable authorised to act for the purposes of paragraph (1) of that Order by or on behalf of the Chief Constable.

    (5) Where the driving of the vehicle has been prohibited under Article 91E of the Offenders Order, "authorised person" means–

(a) a vehicle examiner (within the meaning of Part III of that Order); or

(b) a constable.

     11. In this Schedule–

(a) references to an immobilisation device are to a device or appliance which is–


(i) designed or adapted to be fixed to a vehicle for the purpose of preventing it from being driven or otherwise put in motion; and

(ii) of a type approved by the Department for use for that purpose; and



(b) references to an immobilisation notice are to a notice fixed to a vehicle in accordance with the regulations.

     12. In this Schedule "prescribed" means prescribed by the regulations.

     13. —(1) The regulations may make provision as to the meaning for the purposes of the regulations of "owner" as regards a vehicle.

    (2) In particular, the regulations may provide that for the purposes of the regulations the owner of a vehicle is taken to be the person in whose name it is then registered under the Vehicle Excise and Registration Act 1994 (c. 22).

" "vehicle examiner" means an examiner appointed under Article 74 of the Order of 1995.".

     3. In Article 58(3)(c) (fixed penalty notice must state to whom and where fixed penalty may be paid) for "the clerk of petty sessions" substitute "the person to".

     4. In Article 60 (notices on-the-spot or at a police station)–

(a) in the heading, for "or at a police station" substitute "etc.";

(b) in paragraph (1), after "uniform" insert ", or a vehicle examiner who produces his authority,";

(c) in paragraph (2), after "constable" insert "or vehicle examiner";

(d) in paragraph (3), after "constable" in each place, insert "or vehicle examiner";

(e) in paragraph (4)–


(i) after "constable" in the first 3 places, insert "or vehicle examiner";

(ii) for ", within 7 days after the notice is given, he produces" substitute "he delivers"; and

(iii) for the words from "person to" to "person concerned)" substitute "accordance with paragraph (4A)";



(f) after that paragraph insert–

    " (4A) Delivery must–


(a) if the notice is given by a constable, be made in person, within 7 days after the notice is given, to a constable or authorised person at the police station specified in the notice (being a police station chosen by the person concerned), or

(b) if the notice is given by a vehicle examiner, be made (either by post or in person), within 14 days after the notice is given, to the Department at the place specified in the notice.";



(g) in paragraph (5)–



(i) for "produces" substitute "delivers";

(ii) for the words from "person to a" to "to him" substitute "accordance with paragraph (4A)";

(iii) in sub-paragraph (a) and in the words following sub-paragraph (b), for "constable or authorised person" substitute "person to whom the notice under paragraph (4) is delivered";

(iv) omit "he surrenders"; and

(v) for "to the constable or authorised person" substitute "are delivered";



(h) in paragraph (7)–



(i) after "surrendered" insert "or delivered"; and

(ii) insert at the end "if the fixed penalty notice was given by a constable or authorised person".

     5. In Article 62 (licence receipts)–

(a) in paragraph (1)–


(i) for "constable or authorised person" substitute "person"; and

(ii) after "surrenders" insert "or delivers";



(b) in paragraph (2)–



(i) for "The" substitute "Where the duty in Article 60(7) applies, the"; and

(ii) after "surrendered" insert "or delivered";



(c) in paragraph (3)–



(i) for "by a constable or authorised person" substitute "under paragraph (1)"; and

(ii) for "by the fixed penalty clerk" substitute "under paragraph (2)".

     6. In Article 63 (endorsement of licences without hearings)–

(a) in paragraph (1), for the words from "has surrendered" to "Article 60", substitute "has been given a fixed penalty notice under Article 60 in respect of an offence involving obligatory endorsement,";

(b) in paragraph (3), for "fixed penalty clerk" substitute "person to whom it is paid";

(c) in paragraph (4) for "fixed penalty clerk" substitute "person to whom the fixed penalty is required to be paid";

(d) in paragraph (6)–


(i) for "On endorsing" substitute "Where the endorsement of"; and

(ii) after "Article" insert "is made by the fixed penalty clerk".

     7. In Article 66 (fixed penalty notice mistakenly given: exclusion of fixed penalty procedures)–

(a) in paragraph (1)–


(i) for "sent to him under Article 60(7)" substitute "surrendered or delivered under Article 60"; and

(ii) after "clerk" insert "or the Department";



(b) in paragraph (2)–



(i) omit "fixed penalty clerk must not endorse the";

(ii) before "under" insert "must not be endorsed"; and

(iii) after "but" insert "if it was sent to the fixed penalty clerk he".

     8. In Article 67(1) (fixing notices to vehicles), after "constable" insert "or a vehicle examiner".

     9. In Article 68 (service of notice to owner if penalty not paid)–

(a) in paragraph (2), for "Chief Constable" substitute "relevant person";

(b) after that paragraph insert–

    " (2A) In this Article "the relevant person" means–


(a) if the fixed penalty notice was fixed by a constable, the Chief Constable; and

(b) if it was fixed by a vehicle examiner, the Department.";



(c) in paragraph (4)(c), for "Chief Constable" substitute "relevant person".

     10. In Article 71 (hired vehicles)–

(a) in paragraph (1)(c), for "Chief Constable" substitute "relevant person";

(b) in paragraph (5), for "Chief Constable" substitute "person";

(c) in paragraph (8), after the definition of "hiring agreement" insert–

" "relevant person" means–
(a) if the fixed penalty notice was fixed by a constable, the Chief Constable; and

(b) if it was fixed by a vehicle examiner, the Department,".

     11. In Article 73(4) (meaning of "official form"), after "Chief Constable" insert "or the Department".

     12. In Article 74 (payment of penalty)–

(a) in paragraph (1), for "Payment of a fixed penalty under this Part" substitute "Where a fixed penalty notice has been given or fixed by a constable or authorised person under this Part, payment of the fixed penalty";

(b) after that paragraph insert–

    " (1A) Where a fixed penalty notice has been given or fixed by a vehicle examiner, or given by the Department, under this Part, payment of the fixed penalty must be made to the Department.";

(c) in paragraph (3), after "clerk" insert ", or the Department,".

     13. In Article 75 (registration certificates)–

(a) in paragraph (2), for "Chief Constable" substitute "relevant person";

(b) after that paragraph insert–

    " (2A) In paragraph (2) "the relevant person" means–


(a) if the fixed penalty notice in question was given or fixed by a constable or given by an authorised person, the Chief Constable, and

(b) if it was given or fixed by a vehicle examiner or given by the Department, the Department.";



(c) in paragraph (3), for "the Chief Constable, or a person authorised by him to act in that behalf," substitute "a person".

     14. In Article 77 (notices on-the-spot or at a police station: when registration and endorsement invalid)–

(a) in the heading, for "or at a police station" substitute "etc.";

(b) in paragraph (4), after "surrendered" insert "or delivered".

     15. In Article 78 (notices fixed to vehicles: when registration invalid)–

(a) in paragraph (4) for "Chief Constable" in both places substitute "relevant person";

(b) after that paragraph insert–

    " (4A) In paragraph (4) "the relevant person" means–


(a) if the fixed penalty notice was fixed by a constable, the fixed penalty clerk, and

(b) if it was fixed by a vehicle examiner, the Department.";



(c) in paragraph (5), omit–



(i) "by or on behalf of the Chief Constable"; and

(ii) "such";



(d) in paragraph (7)–



(i) omit "by or on behalf of the Chief Constable"; and

(ii) for "he" substitute "the person by whom it is served".

     16. In Article 80 (issue of conditional offer)–

(a) after paragraph (1) insert–

    " (1A) Where–


(a) a vehicle examiner has reason to believe that a fixed penalty offence has been committed, and

(b) no fixed penalty notice in respect of the offence has been given under Article 60 or fixed to a vehicle under Article 67,



a notice under this Article may be sent to the alleged offender by the Department.";

(b) in paragraph (3), for "person issues a conditional offer" substitute "conditional offer is issued by a person under paragraph (1)";

(c) in paragraph (5) for–


(i) "the fixed penalty clerk", and

(ii) "that clerk", in both places,



substitute "the appropriate person";

(d) after paragraph (6) insert–

    " (7) In this Article and Articles 81 and 82 "the appropriate person" means–


(a) where the conditional offer was issued under paragraph (1), the fixed penalty clerk, and

(b) where the conditional offer was issued under paragraph (1A), the Department.";

     17. In Article 81 (effect of offer and payment of penalty)–

(a) in paragraph (1), for "sent" substitute "issued";

(b) for paragraphs (2) to (5) substitute–

    " (2) Where the alleged offender makes payment of the fixed penalty in accordance with the conditional offer, no proceedings shall be brought against him for the offence to which the offer relates unless paragraph (3) applies.

    (3) This paragraph applies where–


(a) it appears to the appropriate person, on inspecting the licence and its counterpart, that the alleged offender would be liable to be disqualified under Article 40 if he were convicted of the offence to which the conditional offer relates;

(b) the appropriate person returns the payment to the alleged offender together with his licence and its counterpart; and

(c) where the appropriate person is not the Department, the appropriate person gives notice that he has done so to the Chief Constable.



    (4) Where the requirements specified in the conditional offer in accordance with heads (i) and (ii) of Article 80(5)(a) have not been fulfilled, no proceedings shall be brought against the alleged offender for the offence to which the offer relates–



(a) until the end of the period of 28 days following the date on which the conditional offer was made, or such longer period as may be specified in the offer, and

(b) where the appropriate person is not the Department, unless the appropriate person notifies the Chief Constable that proceedings may be brought by virtue of this paragraph.";



(c) in paragraph (6), for "(4)(b)" substitute "(3)(a)";

(d) in paragraph (7), for–



(i) "the fixed penalty clerk"; and

(ii) "that clerk",



substitute "the appropriate person";

     18. In Article 82 (endorsement where penalty paid)–

(a) in sub-paragraph (a) of paragraph (1), for–


(i) "the fixed penalty clerk"; and

(ii) "the clerk",



substitute "the appropriate person";

(b) for sub-paragraph (b) of that paragraph substitute–



" (b) proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by Article 81,";



(c) in the words following that sub-paragraph, for "clerk" substitute "appropriate person";

(d) in paragraph (2)–



(i) in sub-paragraph (a), for "fixed penalty clerk" substitute "appropriate person";

(ii) in sub-paragraph (b), for "the fixed penalty clerk" substitute "unless the appropriate person is the Department, the appropriate person";



(e) in paragraph (3), for "after a notice has been given in pursuance of paragraph (2)(b)" substitute "where paragraph (2) applies";

(f) in paragraph (5), for "The fixed penalty clerk" substitute "Where the appropriate person is the fixed penalty clerk, he".

     19. In Article 84 (statements by constables)–

(a) in paragraph (1)–


(i) after "constable", in the first place, insert "or vehicle examiner";

(ii) for "constable's" substitute "relevant"; and

(iii) omit "constable or authorised";



(b) in paragraph (2)–



(i) for "constable's" substitute "relevant"; and

(ii) after "Policing Board" insert "or on behalf of the Department";



(c) in paragraphs (4) and (5), for "constable's" substitute "relevant";

(d) in paragraph (6)(b) for "production of the notice under Article 60(5) at a police station in accordance with that Article" substitute "delivery of the notice".

     20. In Article 85 (certificates about payment), for "fixed penalty clerk", in both places, substitute "person to whom it was required to be paid".

     21. In Article 87 (powers of court where clerk deceived)–

(a) in the heading, for "where clerk deceived" substitute "in cases of deception";

(b) in paragraph (1)–


(i) in sub-paragraph (a), after "fixed penalty clerk" insert "or the Department"; and

(ii) in sub-paragraph (b), for the words from "the fixed penalty clerk" to "the counterpart" substitute "the appropriate person is deceived as to whether proceedings against the person are excluded by Article 81".

     22. In Article 88(1) (regulations) for "or 80(1)" substitute "80(1) or (1A) or 81(3)(c) or (4)(b)".

(a) in paragraph (3)–


(i) in sub-paragraph (a)–


(A) after "Offenders Order" insert ", retained by a vehicle examiner under that Article"; and

(B) for "fixed penalty clerk", in the second place where it occurs, substitute "appropriate person";



(ii) in sub-paragraphs (c), (d) and (f), for "fixed penalty clerk" substitute "appropriate person";



(b) in paragraph (4)–



(i) omit ", the fixed penalty clerk";

(ii) in sub-paragraph (a), insert at the beginning "the appropriate person"; and

(iii) in sub-paragraph (b), insert at the beginning "unless the appropriate person is the Department, he";



(c) in paragraph (5), omit "by the fixed penalty clerk";

(d) after paragraph (6) insert–

    " (7) In this Article and Article 5–


"the appropriate person", in relation to a fixed penalty notice, means–
(a) if it was given by a constable or an authorised person, the fixed penalty clerk; and

(b) if it was given by a vehicle examiner or the Department, the Department; and


"the appropriate person", in relation to a conditional offer, means–
(a) where the conditional offer was issued under Article 80(1) of the Offenders Order, the fixed penalty clerk; and

(b) where it was issued under paragraph (1A) of that Article, the Department.".

     24. In Article 5 (revocation of licences)–

(a) in paragraph (1) for "(4)" substitute "(4)(b)";

(b) after that paragraph insert–

    " (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.";

(c) in paragraph (1A), after "paragraph (1)" insert "or (1ZA)";

(d) in paragraph (1B), after "section 3(1)" insert "or (1ZA)";

(e) in paragraph (2), for "paragraph (1) or (1B)" substitute "this Article".

     25. In Schedule 1 (newly qualified drivers holding test certificates)–

(a) in paragraph 1, after sub-paragraph (2) insert–

    " (2A) In this Schedule "the appropriate person" has the same meaning as in Articles 4 and 5.";

(b) in paragraph 3(4)–


(i) in head (a), for "fixed penalty clerk" in both places substitute "appropriate person";

(ii) in head (c), for "fixed penalty clerk" substitute "appropriate person"; and

(iii) in the words following head (c), for "fixed penalty clerk to whom the payment is made" substitute "appropriate person";



(c) in paragraph 4(3)–



(i) in head (b), for "fixed penalty clerk" substitute "appropriate person"; and

(ii) for the words following head (c) substitute "Article 4(4) does not apply but if the appropriate person is the fixed penalty clerk sub-paragraph (4) applies instead.";



(d) in paragraph 5–



(i) after sub-paragraph (1) insert–

    " (1ZA) Where Article 4(4) is disapplied by paragraph 4(3) and 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 test certificate.";

(ii) in sub-paragraph (1A), after "sub-paragraph (1)" insert "or (1ZA)";

(iii) in sub-paragraph (1B), after "paragraph 5(1)" insert "or (1ZA)";

(iv) in sub-paragraph (2), for "sub-paragraph (1) or (1B)" substitute "this paragraph";



(e) in paragraph 6(1), after "paragraph 5(1)" insert "or (1ZA)";

(f) in paragraph 7–



(i) in sub-paragraph (3)(b), for "fixed penalty clerk" substitute "appropriate person"; and

(ii) in sub-paragraph (4)–


(A) for "fixed penalty clerk" substitute "appropriate person"; and

(B) at the beginning of head (b) insert "unless the appropriate person is the Department,";



(g) in paragraph 8–



(i) after sub-paragraph (1) insert–

    " (1ZA) Where paragraph 7(4) applies and 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 and test certificate.";

(ii) in sub-paragraph (1A), after "sub-paragraph (1)" insert "or (1ZA)";

(iii) in sub-paragraph (1B), after "paragraph 8(1)" insert "or (1ZA)"; and

(iv) in sub-paragraph (2), for "sub-paragraph (1) or (1B)" substitute "this paragraph";



(h) in paragraph 9, after "paragraph 8(1)" insert "or (1ZA)";

(i) in paragraph 10(a), after–



(i) "paragraph 5(1)"; and

(ii) "paragraph 8(1)",



insert "or (1ZA)".

(a) in paragraph (1)(b)–


(i) after "licence" insert "or his driving record", and

(ii) for "or 82" substitute ", 63A, 82 or 82A";



(b) in paragraph (2)(b)–



(i) after "licence" insert "or on his driving record", and

(ii) for "or 82" substitute ", 63A, 82 or 82A".

     5. For Article 33 (court may take particulars endorsed on licence into consideration) substitute–

" Court may take particulars endorsed into consideration
     33. Where a person is convicted of an offence involving obligatory or discretionary disqualification–


(a) any existing endorsement on the counterpart of his licence or on his driving record is prima facie evidence of the matters endorsed, and

(b) the court may, in determining what order to make in pursuance of the conviction, take those matters into consideration.".

     6. In Article 41 (disqualification until test passed) after paragraph (10) insert–

    " (10A) Where a person's driving record is endorsed with particulars of a disqualification under this Article, it shall also be endorsed with the particulars of any test of competence to drive that he has passed since the order of disqualification was made".

     7. In Article 47 (removal of disqualification)–

(a) in paragraph (6), for sub-paragraph (a) substitute–


" (a) must–


(i) if particulars of the disqualification were previously endorsed on the counterpart of any licence previously held by the applicant, cause particulars of the order to be endorsed on that counterpart, and

(ii) if particulars of the disqualification were previously endorsed on the driving record of the applicant, send notice of the order to the Department,";



(b) in paragraph (7), for "(6)(a)" substitute "(6)(a)(i)";

(c) after that paragraph insert–

    " (7A) If the disqualification was imposed in respect of an offence involving obligatory endorsement, the Department must, on receiving notice of an order under paragraph (6)(a)(ii), make any necessary adjustments to the endorsements on the person's driving record to reflect the order.";

(d) In paragraph (8), after "paragraph" insert "(6)(a)(ii) or".

     8. In Article 50 (effect of endorsement)–

(a) in the heading, insert at the end "of counterparts";

(b) in paragraph (1) omit the words ", whether he is at the time the holder of a licence or not,".

     9. After Article 50 insert–

" Effect of endorsement of driving records
     50A. —(1) An order that any particulars or penalty points are to be endorsed on a person's driving record shall operate as an order that his driving record is to be so endorsed until the end of the period for which the endorsement remains effective.

    (2) At the end of the period for which the endorsement remains effective the Department must remove the endorsement from the person's driving record.

    (3) On the issue of a new licence to a person, any particulars ordered to be endorsed on his driving record shall be entered on the counterpart of the licence unless he has become entitled under paragraph (4) to have a licence issued to him with its counterpart free from those particulars or penalty points.

    (4) A person the counterpart of whose licence has been endorsed under paragraph (3) is entitled to have issued to him with effect from the end of the period for which the endorsement remains effective a new licence with a counterpart free from the endorsement if he applies for a new licence in pursuance of Article 13(1) of the Order of 1981, surrenders any subsisting licence and its counterpart, pays the fee prescribed by regulations under Part II of that Order and satisfies the other requirements of Article 13(1) of that Order.

    (5) The period for which an endorsement remains effective is determined in accordance with Article 50(4) to (6).".

     10. In Article 51 (combination of disqualification and endorsement with certain other orders)–

(a) in paragraph (1), for "or 49" substitute ",49 or 49A";

(b) in paragraph (2)(b), insert at the end "or on his driving record".

     11. In Article 52 (supplementary provisions as to disqualification and endorsements)–

(a) in paragraph (3), after "licence" insert "or driving record";

(b) after that paragraph insert–

    " (3A) On receiving such a notice in relation to a person who is not the holder of a licence, the Department must make any necessary adjustments to the endorsements on the person's driving record to reflect the outcome of the appeal.".

     12. In Article 53(1)(b) and (2)(b) (exemption from disqualification and endorsement for certain construction and use offences) after "him" insert "or on his driving record".

     13. In Article 60 (notices on-the-spot etc.)–

(a) in paragraph (2), for "paragraph (3)" substitute "the following provisions of this Article";

(b) in paragraph (3), after "endorsement" insert ", and the person is the holder of a licence";

(c) in paragraph (4)–


(i) for the word "and" at the end of sub-paragraph (a) substitute–


" (aa) the person concerned is the holder of a licence, and",


(ii) in sub-paragraph (b), for "the person concerned" substitute "he";



(d) in paragraph (6), after "paragraph (4)" insert "or (5C)";

(e) in paragraph (9), for "paragraphs (3)(b) and (5)(a)" substitute "this Article".

     14. In Article 63 (endorsement of licenses without hearings)–

(a) in the heading, for "licences" substitute "counterparts";

(b) in paragraph (1), after "a person" insert "who is the holder of a licence".

     15. In Article 64 (effect of endorsement without hearing) in the heading, after "endorsement" insert "of counterpart".

     16. After Article 64 insert–

" Effect of endorsement of driving record without hearing
     64A. —(1) Where a person's driving record is endorsed under Article 63A he shall be treated for the purposes of Articles 16(4), 30, 31 and 50A of this Order and of the Rehabilitation of Offenders (Northern Ireland) Order 1978 as if–


(a) he had been convicted of the offence,

(b) the endorsement had been made in pursuance of an order made on his conviction by a court under Article 49, and

(c) the particulars of the offence endorsed by virtue of Article 63A(6)(a) were particulars of his conviction of that offence.



    (2) In relation to any endorsement of a person's driving record under Article 63A, the references in Article 16(4) to any order made on a person's conviction are to be read as references to the endorsement itself.".

     17. In Article 66 (fixed penalty notice mistakenly given: exclusion of fixed penalty procedures) in the heading, after "given" insert "to licence holder".

     18. After Article 66 insert–

" Fixed penalty notice mistakenly given to unlicensed person: exclusion of fixed penalty procedures
     66A. —(1) This Article applies where, on accessing information held on the driving record of a person to whom a fixed penalty notice was given under Article 60, but who is not the holder of a licence, it appears to the fixed penalty clerk or the Department that the person would be liable to be disqualified under Article 40 if he were convicted of the offence in respect of which the fixed penalty notice was given.

    (2) The person's driving record must not be endorsed under Article 63A.

    (3) In a case where the fixed penalty is required to be paid to the fixed penalty clerk he must not send notice to the Department under Article 63A but instead must notify the Chief Constable that the person to whom the fixed penalty notice was given would be liable to be disqualified under Article 40 if he were convicted of the offence in respect of which the fixed penalty notice was given.

    (4) Nothing in this Part prevents proceedings being brought in respect of the offence in respect of which the fixed penalty notice was given where those proceedings are commenced before the end of the period of 6 months beginning with the date on which that notice was given.

    (5) Where proceedings in respect of that offence are commenced before the end of that period, the case is from then on to be treated in all respects as if no fixed penalty notice had been given in respect of the offence.

    (6) Accordingly, where proceedings in respect of that offence are so commenced, any action taken in pursuance of this Part by reference to that fixed penalty notice shall be void (including, but without prejudice to the generality of the preceding provision–


(a) the registration under Article 76 of any sum, determined by reference to the fixed penalty for that offence, for enforcement against the person to whom the fixed penalty notice was given, and

(b) any proceedings for enforcing payment of any such sum within the meaning of Articles 78 and 79 (defined in Article 79(5))).



    (7) In determining for the purposes of paragraph (1) whether a person convicted of an offence would be liable to disqualification under Article 40, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I or Part II of Schedule 1, that the number of penalty points to be attributed to the offence would be the lowest in the range.".

     19. In Article 74(5) (payment of penalty) for "82" substitute "82A".

     20. In Article 77 (notices on-the-spot etc.: when registration and endorsement invalid)–

(a) After paragraph (4) insert–

    " (4A) Where in any case within paragraph (2)(a) the driving record of the person to whom the relevant fixed penalty notice was given was endorsed under Article 63A in respect of the offence in respect of which the notice was given, the endorsement shall be void.";

(b) in paragraph (5)(a), after "63" insert "or 63A";

(c) after paragraph (6) insert–

    " (6A) The clerk of petty sessions must send notice to the Department of any endorsement of a person's driving record that is void by virtue of this Article and the Department must adjust the endorsements on that record accordingly.".

     21. In Article 80 (issue of conditional offer)–

(a) in paragraph (2), for "and 82" substitute ",82 and 82A";

(b) in paragraph (3), for "and 82" substitute ", 82 and 82A";

(c) in paragraph (5), after "conditional offer" insert "sent to an alleged offender who is the holder of a licence";

(d) after that paragraph insert–

    " (5A) A conditional offer sent to an alleged offender who is not the holder of a licence must indicate that if the following conditions are fulfilled, that is–


(a) within the period of 28 days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender makes payment of the fixed penalty to the appropriate person, and

(b) the appropriate person is satisfied, on accessing information held on the driving record of the alleged offender, that if he were convicted of the offence, he would not be liable to be disqualified under Article 40,



any liability to conviction of the offence shall be discharged.";

(e) in paragraph (6)–


(i) for "condition" substitute "conditions"; and

(ii) after "(5)(b)" insert "and (5A)(b)";



(f) in paragraph (7), for "and 82" substitute ", 82 and 82A".

     22. In Article 81 (effect of offer and payment of penalty)–

(a) in paragraph (3)–


(i) in sub-paragraph (a), after "counterpart" insert "or (where the alleged offender is not the holder of a licence) accessing information held on his driving record", and

(ii) in sub-paragraph (b), after "with" insert "(where he is the holder of a licence)";



(b) in paragraph (4), after "80(5)(a)" insert "or (5A)(a)".

     23. In Article 82 (endorsement where penalty paid)–

(a) in the heading, after "endorsement" insert "of counterparts";

(b) in paragraph (1)(a), after "a person" insert "who is the holder of a licence".

     24. After Article 82 insert–

" Endorsement of driving records where penalty paid
     82A. —(1) Where–


(a) in pursuance of a conditional offer issued under Article 80(1) a person who is not the holder of a licence (referred to in this Article as the "alleged offender") makes payment of the fixed penalty to the fixed penalty clerk, and

(b) proceedings against the alleged offender for the offence to which the conditional offer relates are excluded by Article 81,



the fixed penalty clerk must forthwith send to the Department notice of the relevant particulars to be endorsed on the alleged offender's driving record.

    (2) The Department must endorse the relevant particulars on a person's driving record–



(a) on receiving notice under paragraph (1), or

(b) if, in pursuance of a conditional offer issued under Article 80(1A), a person who is not the holder of a licence (also referred to in this Article as the "alleged offender") makes payment of the fixed penalty to it and proceedings against the alleged offender are excluded by Article 81.



    (3) Subject to paragraph (4), where a cheque tendered in payment is subsequently dishonoured–



(a) any endorsement made by the Department under paragraph (2) remains effective notwithstanding that the alleged offender is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and

(b) unless the appropriate person is the Department, the appropriate person must upon expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the person required to be notified that no payment has been made.



    (4) When proceedings are brought against an alleged offender where paragraph (3) applies, the court–



(a) must order the removal of the fixed penalty endorsement from the driving record of the alleged offender,

(b) may, on finding the alleged offender guilty, make any competent order of endorsement or disqualification and pass any competent sentence, and

(c) must send to the Department notice of any order made under sub-paragraph (a) or (b).



    (5) On receiving a notice under paragraph (4)(c), the Department must make any necessary adjustments to the endorsements on the alleged offender's driving record.

    (6) The references in paragraphs (1) and (2) to the relevant particulars are to–



(a) particulars of the offence, including the date when it was committed, and

(b) the number of penalty points to be attributed to the offence.



    (7) Where a person's driving record is endorsed under this Article, he shall be treated for the purposes of Articles 16(4), 30, 31 and 50A of this Order and of the Rehabilitation of Offenders (Northern Ireland) Order 1978 as if–



(a) he had been convicted of the offence,

(b) the endorsement had been made in pursuance of an order made on his conviction by a court under Article 49 of this Order, and

(c) the particulars of the offence endorsed by virtue of paragraph (6)(a) were particulars of his conviction of that offence.



    (8) In relation to any endorsement of a person's driving record under this Article, the references in Article 16(4) to any order made on a person's conviction are to be read as references to the endorsement itself.".

     25. In Article 87 (powers of court in cases of deception)–

(a) after paragraph (1) insert–

    " (1A) This Article also applies where–


(a) particulars are endorsed on a person's driving record under Article 63A because the fixed penalty clerk or the Department is deceived as to whether endorsement under that Article is excluded by Article 66A(2) by virtue of the fact that the person to whom the fixed penalty notice was given would be liable to be disqualified under Article 40 if he were convicted of the offence, or

(b) particulars are endorsed on a person's driving record under Article 82A because the appropriate person or court is deceived as to whether proceedings against the person are excluded by Article 81 by virtue of the fact that the person to whom the conditional offer is issued would be liable to be disqualified under Article 40 if he were convicted of the offence.".



(b) in paragraph (2)–



(i) in sub-paragraph (a), for "licence holder" substitute "person to whom the fixed penalty notice was given or conditional offer was issued";

(ii) in sub-paragraph (b), for "licence holder" substitute "he";

(iii) after "63" insert "or 63A"; and

(iv) after "82" insert "or 82A".

     26. In Article 88(1)(a) (regulations) after "60(4)" insert " or (5C)".

     27. After Article 88 insert–

" Notices to Department
     88A. Any notice sent to the Department under this Part must be sent in such manner and to such address and contain such particulars as the Department may determine.".

     28. In Article 92ZA(1) (application to Great Britain licence holders)–

(a) in sub-paragraph (h), after "49(1)" insert "and (2A)";

(b) in sub-paragraph (j), for "and (3)" substitute ", (3) and (3A)".

     29. In Article 92A(1) (application to Community licence holders)–

(a) after "49(1)" insert "and (3A)"; and

(b) after "52(3)" insert "and (3A)".

(a) in paragraphs (2)(b) and (3) omit "and its counterpart";

(b) in paragraph (4)(a)–


(i) omit "and its counterpart"; and

(ii) for "them" substitute "it";



(c) in paragraph (4)(b)–



(i) for "them" substitute "it"; and

(ii) for "their" substitute "its".

     4. In Article 13 (grant of licences)–

(a) in paragraph (1)(c)–


(i) in head (i) omit "and its counterpart";

(ii) in head (ia) omit the words from "together" to the end; and

(iii) in head (ii) omit "and its counterpart (if any) issued to him";



(b) in paragraph (1AA) omit–



(i) "together with the counterparts mentioned in paragraph (ia)"; and

(ii) "and its Great Britain counterpart".

     5. In Article 14(1)(c) (form of licence) omit "or its counterpart".

     6. In Article 15 (duration of licences)–

(a) in paragraph (5)–


(i) omit sub-paragraph (b);

(ii) in sub-paragraph (c) omit "or in its counterpart"; and

(iii) omit "and its counterpart";



(b) in paragraph (6) omit "and its counterpart";

(c) in paragraph (7A)–



(i) omit "and its counterpart", in both places;

(ii) for "them", in both places, substitute "it"; and

(iii) for "their" substitute "its";



(d) in paragraph (8) omit "and its counterpart".

     7. In Article 15A (authorisation to drive in Northern Ireland) omit paragraphs (5) and (6).

     8. In Article 15B (information about resident Community licence holders)–

(a) omit paragraph (3);

(b) in paragraph (4) for "paragraphs (1) and (3)" substitute "paragraph (1)";

(c) in paragraph (5) for "a Community licence delivered to it (whether or not in pursuance of this Article) in such manner as it may determine" substitute "the driving record of a person who delivers to it a Community licence (whether or not in pursuance of this Article)";

(d) omit paragraph (6);

(e) for paragraph (7) substitute–

    " (7) Where the name of a Community licence holders as specified in his Community licence ceases to be correct, he must deliver his Community licence immediately to the Department and provide it with particulars of the alterations falling to be made in the name on it";

(f) omit paragraph (8);

(g) in paragraph (9) after "endorse the Community licence" insert "and that person's driving record";

(h) in paragraph (11)(b) omit "(6) or";

(i) omit paragraph (12).

     9. In Article 15C (revocation of authorisation conferred by Community licence because of disability or prospective disability)–

(a) in paragraph (1) to (4) omit "and its counterpart (if any)" in each place;

(b) omit paragraph (5).

     10. In Article 19C (regulations)–

(a) in paragraph (1A)–


(i) sub-paragraph (a) for "Community licences and counterparts of such licences" substitute "and Community licences";

(ii) in sub-paragraph (e) omit "and counterparts of licences" and "or counterparts of licences"; and

(iii) omit sub-paragraph (ea);

     11. In Article 19A(7) (information on counterpart of licence of newly qualified drivers) for "the Department shall enter on or affix to the counterpart of the licence a notice or other indication to show" substitute "the licence shall specify (in such manner as the Department may determine)".

     12. In Article 19D (interpretation)–

(a) in paragraph (1) omit the definition of "counterpart" and "Great Britain counterpart";

(b) omit paragraph (3).

     13. In Article 19E (provisions about Great Britain driver's licences) for paragraph (2) substitute–

    " (2) For the purposes of this Order, any driver holding a Great Britain licence shall be under the same obligation to produce such a licence as if it had been a licence granted under this Part, and the provisions of this Order as to the production of licences granted under this Part shall apply accordingly.".

     14. Article 19F (counterparts issued to Great Britain licence holders) is amended as follows–

(a) in the heading, for "Counterparts issued to" substitute "Information about";

(b) for paragraphs (1) and (2) substitute–

    " (1) The Department may endorse the driving record of a Great Britain licence holder who delivers to it a Great Britain licence together with the information specified in, or required under, paragraph (3) with any part of that information."

(c) for paragraphs (4) and (5) substitute–

    " (4) Where the name of a Great Britain licence holder as specified in his Great Britain licence ceases to be correct, he may deliver his Great Britain licence immediately to the Department and provide it with particulars of the alterations falling to be made in the name on it.

    (5) On the delivery of a Great Britain licence by any person in pursuance of paragraph (4), the Department may endorse the Great Britain licence and that person's driving record with the correct name and must return the Great Britain licence to that person.".

     15. In Article 19G (revocation of authorisation conferred by Great Britain licence because of disability or prospective disability)–

(a) in paragraph (1) omit the words from "together" to the end;

(b) in paragraph (2)–


(i) in sub-paragraph (a) omit "together with the relevant counterparts"; and

(ii) in sub-paragraph (b) omit "and those counterparts";



(c) in paragraph (4) omit "and the relevant counterparts";

(d) omit paragraph (5);

(e) in paragraph (7) omit "and its Great Britain counterpart".

     16. In Article 73A(1) (community licence holders: cessation of authorisation, etc.) omit "and its counterpart (if any)".

     17. In Article 74A (community licences: disqualification, etc.) omit "and its counterpart (if any)" in both places.

     18. In Article 75 (revoked or suspended licences: surrender, return and endorsement)–

(a) in paragraph (1) omit "and its counterpart";

(b) in paragraph (3) omit "and its counterpart";

(c) omit paragraph (4).

     19. In Article 78 (interpretation) omit the definition of "counterpart".

     20. In Article 79(3) (provisions as to Great Britain licences)–

(a) for "and its counterpart are" substitute "is"; and

(b) for "them" substitute "it".

     21. In Article 174 (false statements in connection with forgery of, and fraudulent use of, documents; issue of false insurance certificate and powers of seizure)–

(a) in paragraph (2A)–


(i) in sub-paragraph (a) omit the words from "or" to the end; and

(ii) omit sub-paragraph (b); and



(b) omit paragraph (2B).

     22. In Article 180 (enforcement powers of constable)–

(a) in paragraph (3B)–


(i) omit "and its counterpart";

(ii) for "them" in each place where it occurs substitute "it"; and

(iii) for "their" substitute "its";



(b) in paragraph (3C)–



(i) omit "and its counterpart" in each place where it occurs;

(ii) for "their" substitute "its"; and

(iii) for "them" in both places where it occurs substitute "it";



(c) in paragraph (4AA)–



(i) omit "and its counterpart" in each place where it occurs; and

(ii) for "their" in both places substitute "its";



(d) in paragraph (8)–



(i) omit "or counterpart of any such licences" and

(ii) omit the reference to "counterpart".

The Child Support (Northern Ireland) Order 1991 (NI 23)

     23. In Article 37A (disqualification from driving: further provision)–

(a) in paragraph (4) omit the words from ", and" to the end;

(b) in paragraph (9)–


(i) omit "and its counterpart";

(ii) for "their" substitute "its".

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

     24. In Article 2 (interpretation)–

(a) in paragraph (2)–


(i) in the definition of "the provisions connected with the licensing of drivers" for "92ZA to and 92B" substitute "92ZA and 92A"; and

(ii) in the words following the definition of "statutory provision" omit ""counterpart"";



(b) omit paragraph (4).

     25. In Article 10(3)(a)(ii) (time within which summary proceedings for certain offences must be commenced) omit "and counterpart".

     26. In Article 11 (duty of accused to provide licence) omit the words from "and the foregoing" to the end.

     27. In Article 28 (interim disqualification)–

(a) in paragraph (4)–


(i) in sub-paragraph (a) omit "and its counterpart"; and

(ii) in sub-paragraph (b) omit "and counterpart";



(b) in paragraph (5)–



(i) omit "and its counterpart";

(ii) for "them" substitute "it" and

(iii) omit "and counterpart";



(c) in paragraph (6)(b)–



(i) omit "and its counterpart";

(ii) omit "and counterpart"; and

(iii) for "their" substitute "its".

     28. In Article 29 (production of licence)–

(a) omit "and its counterpart" in each place;

(b) in paragraph (1) for "them" substitute "it";

(c) in paragraph (2)(b) for "are produced" substitute "is produced"; and

(d) in paragraph (3) for "their" substitute "its".

     29. In Article 30(3) (penalty points to be attributed to an offence) for "63(5), 63A(6), 82(4)" substitute "63A(6)".

     30. In Article 31(1)(b) (penalty points to be taken into account on conviction) omit "the counterpart of any licence held by him or on".

     31. In Article 32 (penalty points: modification where fixed penalty also in question)–

(a) in paragraph (1)(b)–


(i) omit "the counterpart of his licence or", and

(ii) for "63, 63A, 82" substitute "63A";



(b) in paragraph (2)(b)–



(i) omit "on the counterpart of his licence or", and

(ii) for "63, 63A, 82" substitute "63A".

     32. In Article 33(a) (court may take particulars endorsed into consideration) omit "the counterpart of his licence or on".

     33. In Article 41 (disqualification until test is passed) omit paragraph (10).

     34. In Article 47 (removal of disqualification)–

(a) in paragraph (6) for sub-paragraph (a) substitute–


" (a) must send notice of the order to the Department,";



(b) omit paragraph (7);

(c) in paragraph (7A) for "(6)(a)(ii)" substitute "(6)(a)"; and

(d) in paragraph (8) for "(6)(a)(ii) or (7)" substitute "(6)(a)".

     35. Omit Article 50 (effect of endorsement of counterparts).

     36. In Article 50A (effect of endorsement of driving records) for paragraphs (3) to (5) substitute–

    " (3) An endorsement ordered on a person's conviction of an offence remains effective (subject to paragraphs (4) and (5))–


(a) if an order is made for the disqualification of the offender, until 4 years have elapsed since the conviction; and

(b) if no such order is made, until either–


(i) 4 years have elapsed since the commission of the offence; or

(ii) an order is made for the disqualification of the offender under Article 40.



    (4) Where the offence was one under Article 9 or 10 of the Order of 1995 (causing death, or grievous bodily injury, by dangerous driving and dangerous driving), the endorsement remains in any case effective until 4 years have elapsed since the conviction.

    (5) Where the offence was one–



(a) under Article 14, 15(1) or 16(1)(a) of the Order of 1995 (driving offences connected with drink or drugs);

(b) under Article 18(7) of that Order (failing to provide specimen) involving obligatory disqualification; or

(c) under Article 18A(6) of that Order (failing to allow a specimen to be subjected to a laboratory test),



the endorsement remains effective until 11 years have elapsed since the conviction.".

     37. In Article 51(2)(b) (combination of disqualification and endorsement with probation orders and orders for discharge) omit "the counterpart of any licence held by him or on".

     38. In Article 52 (supplementary provisions as to disqualifications and endorsements)–

(a) for paragraph (2) substitute–

    " (2) Where a court orders the endorsement of a person's driving record it may, and where a court orders a person to be disqualified for a period of 56 days or more it must, send any licence of the person that is produced to the court, to the Department";

(b) in paragraph (2A) omit "and its counterpart";

(c) in paragraph (3) omit "a licence or";

(d) in paragraph (3A) omit "in relation to a person who is not the holder of a licence"; and

(e) in paragraph (4) omit "and the counterpart of a licence".

     39. In Article 53(1)(b) and (2)(b) (exemption from disqualification and endorsement for certain construction and use offences) omit "the counterpart of any licence held by him or on".

     40. In Article 62 (licence receipts)–

(a) omit "and its counterpart" in each place; and

(b) in paragraph (2) for "them" substitute "it".

     41. Omit Article 64 (effect of endorsement of counterpart without hearing).

     42. Omit Article 66 (fixed penalty notice mistakenly given to licence holder: exclusion of fixed penalty procedures).

     43. In Article 66A (fixed penalty notice given mistakenly to unlicensed person: exclusion of fixed penalty procedures)–

(a) in the heading omit "to unlicensed person";

(b) in paragraph (1) omit "but who is not the holder of a licence,"; and

(c) in paragraph (3) insert at the end "and send the Chief Constable any licence sent to him under Article 60(7)".

     44. In Article 77 (notices on-the-spot etc.: when registration and endorsement invalid)–

(a) omit paragraph (4);

(b) in paragraph (5) omit "63 or"; and

(c) omit paragraph (6).

     45. In Article 80 (issue of conditional offer)–

(a) in paragraphs (2) and (3) for "82 and 82A" substitute "and 82A";

(b) omit paragraph (5);

(c) in paragraph (5A)–


(i) omit "who is not the holder of a licence"; and

(ii) in sub-paragraph (a) for the words after "offender" substitute–


" (i) makes payment of the fixed penalty to the appropriate person, and

(ii) where he is the holder of a licence and the offence to which the offer relates is an offence involving obligatory endorsement, at the same time delivers his licence to the appropriate person, and"; and



(d) in paragraph (7) for "82 and 82A" substitute "and 82A".

     46. In Article 81 (effect of offer and payment of penalty)–

(a) in paragraph (3)–


(i) in sub-paragraph (a), omit "inspecting the licence and its counterpart or (where the alleged offender is not the holder of a licence)" and for "his" substitute "the alleged offender's"; and

(ii) in sub-paragraph (b), omit "and its counterpart";



(b) in paragraph (4) for "80(5)(a) or (5A)(a)" substitute "80(5A)".

     47. Omit Article 82 (endorsement of counterparts where penalty paid).

     48. In Article 82A (endorsement of driving records where penalty paid)–

(a) in paragraph (1)–


(i) omit "who is not the holder of a licence";

(ii) after "to the fixed penalty clerk" insert "and (if he is the holder of a licence) delivers his licence to the fixed penalty clerk"; and

(iii) insert at the end "together with any licence delivered under sub-paragraph (a)"; and



(b) in paragraph (2)–



(i) after "record" insert "and return any licence delivered to it under this Article to the alleged offender";

(ii) omit "who is not the holder of a licence"; and

(iii) after "to it" insert "and (if he is the holder of a licence) delivers his licence to it".

     49. In Article 87 (powers of court in cases of deception)–

(a) omit paragraph (1);

(b) in paragraph (1A) omit "also"; and

(c) in paragraph (2) omit–


(i) "63 or"; and

(ii) "82 or".

     50. In Article 88(1)(a) (regulations for the purpose of this Part) for "60(4) or (5C)" substitute "60(5)".

     51. In Article 92ZA (application to Great Britain licence holders)–

(a) in paragraph (1)–


(i) in sub-paragraph (b) omit "and (6)(b)";

(ii) omit sub-paragraphs (d) to (i);

(iii) in sub-paragraph (j) omit ", (3) and (3A)"; and

(iv) omit sub-paragraph (k);



(b) omit paragraphs (3) to (6);

(c) in paragraph (7)–



(i) omit "and its counterpart (if any)"; and

(ii) for "their" substitute "its";



(d) in paragraph (8) omit "and its counterpart"; and

(e) in paragraph (9)–



(i) in sub-paragraph (a) for "paragraph (5)" substitute "Article 49A of an order for the endorsement of a person's driving record"; and

(ii) in sub-paragraph (b)(i) after "licence" insert ", or a person normally resident in Great Britain who does not hold a licence,".

     52. Omit Article 92ZB (effect of endorsement on Great Britain licence holders).

     53. In Article 92A (application to Community licence holders)–

(a) in paragraph (1) omit from ", 29" to "and 53";

(b) omit paragraphs (2) to (4);

(c) in paragraph (5)–


(i) omit "and its counterpart (if any)"; and

(ii) for "their" substitute "its";



(d) omit paragraph (6);

(e) for paragraph (7) substitute–

    " (7) Where–


(a) a notice is sent to the Department under Article 49A for the endorsement of a person's driving record with any particulars or penalty points, and

(b) the particulars contained in the notice include–


(i) particulars of an offence in respect of which the holder of a Community licence, or a person normally resident in another EEA state who does not hold a licence, is disqualified by an order of a court, and

(ii) particulars of the disqualification,



the Department must send a notice containing the particulars mentioned in sub-paragraph (b)(i) and (ii) to the licensing authority in the EEA state in respect of which the Community licence was issued or, where the person disqualified is not the holder of a licence, the licensing authority in the EEA state where the person is normally resident.



    (7A) Where a Community licence has been sent to the Department in pursuance of paragraph (5), it must return the Community licence to the holder–



(a) on the expiry of the period of disqualification, or

(b) if earlier, on being satisfied that the holder has left Northern Ireland and is not normally resident there.";



(f) omit paragraphs (8) to (10).

     54. Omit Article 92B (effect of endorsement on Community licence holders).

     55. In Part I of Schedule 1 (prosecution and punishment of offences)–

(a) in the entry relating to Article 9(10) of the Order of 1981, omit "and counterpart";

(b) in the entry relating to Article 10(3) of that Order, omit "and counterpart";

(c) in the entry relating to Article 15(7) of that Order, omit "and its counterpart" and "and counterpart";

(d) in the entry relating to Article 15C(4) of that Order, omit "and its counterpart";

(e) in the entry relating to Article 75 of that Order, omit "and its counterpart";

(f) in the entry relating to Article 28 of the Offenders Order, omit "and counterpart"; and

(g) in the entry relating to Article 29 of the that Order, omit "and counterpart".

The Road Traffic (New Drivers) (Northern Ireland) Order 1998 (NI 7)

     56. In Article 4 (surrender of licences)–

(a) for paragraph (2) substitute–

    " (2) Where this paragraph applies, the court must, together with the notice of the order referred to in paragraph (1)(d) required to be sent to the Department under Article 49A of the Offenders Order, send the person's licence on its production to the court.";

(b) in paragraph (3)–


(i) in sub-paragraph (a) for "and its counterpart have" substitute "has";

(ii) in sub-paragraph (c)–


(A) omit "appropriate person endorses the number of"; and

(B) for "on the counterpart of the licence" substitute "are to be endorsed on the person's driving record"; and



(iii) in sub-paragraph (f)–



(A) before "endorsed" insert "to be"; and

(B) for "counterpart of the licence" substitute "person's driving record";



(c) in paragraph (4)–



(i) in sub-paragraph (a)–


(A) omit "and its counterpart"; and

(B) for "63(3) or (4) or 82(1)" substitute "63A(3) or (4) or 82A(2)"; and



(ii) in sub-paragraph (b) insert at the end "together with the notice he is required to send under Article 63A or 82A of the particulars to be endorsed on the person's driving record".

     57. In Article 5 (revocation of licences) for paragraph (1) substitute–

    " (1) Where the Department receives–


(a) a notice sent to it under Article 49A, 63A or 82A of the Offenders Order of particulars required to be endorsed on a person's driving record, and

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



the Department must by notice served on that person revoke the licence.".

     58. In Article 12(2) (service of documents etc.) omit "and its counterpart" in both places.

     59. In Schedule 1 (newly qualified drivers holding test certificates)–

(a) in paragraph 3–


(i) in sub-paragraph (2) omit "and its counterpart"; and

(ii) in sub-paragraph (4)(a) omit "(with its counterpart)";



(b) in paragraph 4–



(i) for sub-paragraph (2) substitute–

    " (2) The court shall send to the Department, on its production to the court, the person's test certificate, together with the notice of the order referred to in Article 4(1)(d)"; and

(ii) in sub-paragraph (4) for the words following "Department" substitute "the person's test certificate together with the notice he is required to send under Article 63A or 82A of the particulars to be endorsed on the person's driving record.";



(c) in paragraph 5(1)–



(i) for "paragraph 4 of" substitute "Article 49A, 63A or 82A of the Offenders Order of";

(ii) for "or endorsed on the counterpart of a person's licence" substitute "on a person's driving record"; and

(iii) for "(4)(b)" substitute "(4)";



(d) in paragraph 7–



(i) for sub-paragraph (2) substitute–

    " (2) The court shall, together with the notice of the order referred to in Article 4(1)(d), send to the Department–


(a) on its production to the court, the person's licence, and

(b) on its production to the court, the person's test certificate."; and


(ii) in sub-paragraph (4)–


(A) in paragraph (a), omit "and its counterpart";

(B) in that paragraph, for "63(3) or (4) or 82(1)" substitute "63A(3) or (4) or 82A(2)"; and

(C) in paragraph (b), for "them" substitute "it" and insert at the end



     " together with the notice he is required to send under Article 63A or 82A of the Offenders Order of the particulars to be endorsed on the person's driving record.";



(e) in paragraph 8(1)(a)–



(i) for "paragraph 7(2)(a)" substitute "Article 49A, 63A or 82A of the Offenders Order";

(ii) for "the counterpart of a person's licence" substitute "a person's driving record";

(iii) omit "and its counterpart"; and

(iv) for "7(2)(b)" substitute "7(2)(a)".

The Road Traffic (Northern Ireland) Order 2007 (NI )

     60. In Article 46(5) (interpretation of that Part) omit "and "counterpart", in relation to a Community licence".

     61. In Article 47 (expressions defined in that Part) omit "and counterpart".

     62. In Article 53(13) (registration of disabled persons) in paragraph (c) of the definition of "disabled person's limited driving licence" omit "and a counterpart of that licence".