Commentary on Sections Schedule 7: Mutual recognition of driving disqualification in UK and Republic of Ireland
308.Schedule 7 makes a number of changes to the terminology used in the CICA 2003 to reflect the move from the Convention to the proposed bilateral agreement between the UK and the RoI.
309.Paragraph 2 of this Schedule amends the provisions in section 54 of the CICA 2003 relating to the minimum period a disqualification must be imposed for in relation to an offence in Part 2 of Schedules 3 and new Schedule 3A to that Act before the UK is required to notify the RoI. The minimum period is generally 6 months, unless a period of less than 6 months where this has been set out in regulations by the Secretary of State or the Department of the Environment in Northern Ireland (“the Department”).
310.Sub-paragraph (4) provides that where an extension period is imposed under any of the legislative provisions listed, this will not be counted when calculating whether the period of disqualification is less than the minimum period.
311.Sub-paragraph (5) gives the Secretary of State and the Department the power to amend the list of offences set out in Schedule 3 and the new Schedule 3A of the CICA 2003 respectively by regulations (subject to the affirmative procedure – see paragraph 14).
312.Paragraph 5(2) amends section 56(2) of the CICA 2003 to set out when the driving disqualification condition is met. The condition is met either when the offender is disqualified for an offence set out in Part 1 of the new Schedule 3B to the CICA 2003 or when the offender is disqualified from driving for an offence described in Part 2 of that Schedule for not less than the minimum period.
313.Paragraph 5(4) provides that the “minimum period” is the period of less than 6 months specified by the Secretary of State in regulations or where no such period has been specified, 6 months.
314.Paragraph 5(6) amends section 56(6) of the CICA 2003, which provides that section 57 does not apply if the relevant proceedings were brought later than the time at which summary proceedings could have been brought for any corresponding offence under the law of the part of the UK in which the offender is normally resident. It replaces the reference to the part of the UK in which the offender is normally resident with a reference to “the relevant part of the UK”. Paragraph 5(7) inserts a new subsection (6A) in section 56 which defines the relevant part of the UK in relation to both offenders who were normally resident in the UK when convicted and offenders who were not, but who hold a Great Britain or Northern Ireland licence.
315.Paragraph 5(9) amends the power in section 56(8) of the CICA 2003 allowing the Secretary of State or the Department to make regulations about when offences under the law of a part of the UK correspond to an offence under the law in RoI for the purposes of section 56(6).
316.Paragraph 5(10) confers power on the Secretary of State to amend the list of offences set out in the new Schedule 3B to the CICA 2003 by regulations (subject to the affirmative procedure – see paragraph 14).
317.Paragraphs 11 and 12 amend sections 68 and 69 respectively to reflect the extension of section 57 to those who hold a licence in Great Britain or Northern Ireland but are not normally resident there.
318.Paragraph 14 provides for the affirmative procedure to apply when the Secretary of State makes regulations to amend the offences listed in Schedule 3 or new Schedule 3B to CICA or to specify an agreement under section 71A of the CICA 2003.
319.Paragraph 15 provides that regulations made by the Department to amend the offences listed in new Schedule 3A to the CICA 2003 are subject to the approval of the Northern Ireland Assembly.
320.Paragraph 18 sets out the definition of “normally resident” by reference to article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20th December 2006 on driving licences.
321.Paragraphs 19 and 20 amend Schedule 3 and insert new Schedule 3A to the CICA 2003 to set out the offences for which driving disqualifications are recognised for the purposes of section 54. Schedule 3 contains offences under the law of England and Wales and Scotland and new Schedule 3A contains offences under the law of Northern Ireland. New Schedule 3A lists two offences that do not currently appear in Schedule 3: causing death or grievous bodily injury by careless or inconsiderate driving (Article 11A of the Road Traffic (Northern Ireland) Order 1995) and causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers (Article 12B of that Order).
322.Paragraph 21 inserts a new Schedule 3B to the CICA 2003 which sets out the offences under the law of the RoI for which driving disqualifications are recognised for the purposes of section 56.
323.Paragraph 22 removes an amendment which was made in paragraph 93 of Schedule 21 to the Coroners and Justice Act 2009, which is superseded by the amendment made by paragraph 2(4) of the new Schedule.
324.Paragraph 23 defines a transitional period which runs from 1 December 2014 until the date when the amendments made in this Act are in force and the new bilateral agreement enters into force.
325.Paragraph 24 prevents the Secretary of State and the Department from having to comply with sections 55, 57 and 70(3) of the CICA 2003 during the transitional period, i.e. when there is no international agreement on mutual recognition of driving disqualifications between the UK and the ROI.
326.Paragraph 25 of this Schedule provides that paragraphs 23 and 24 are to be treated as having come into force on 1 December 2014, i.e. at the beginning of the transitional period.
327.Paragraph 26 states that once the transitional period ends, the Secretary of State and the Department would only be required to comply with sections 55, 57 and 70(3) in relation to offences committed after the end of the transitional period.
328.Paragraph 27 states that none of the amendments to the CICA 2003 in this Act would affect the application of that Act to a case where a notice has already been given to an offender under section 57 of that Act before 1 December 2014.