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Road Traffic Offenders (Surrender of Driving Licences Etc) Bill

A Bill to make provision about the surrender, production or other delivery up of driving licences, or test certificates, in relation to certain offences; to make provision in relation to identifying persons in connection with fixed penalty notices, conditional offers and the payment of fixed penalties under the Road Traffic Offenders Act 1988; and for connected purposes.

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Transport with the consent of Michael Tomlinson, the Member in charge of the Bill, are published separately as Bill 36—EN.

A

BILL

TO

Make provision about the surrender, production or other delivery up of driving licences, or test certificates, in relation to certain offences; to make provision in relation to identifying persons in connection with fixed penalty notices, conditional offers and the payment of fixed penalties under the Road Traffic Offenders Act 1988; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Amendments to the Road Traffic Offenders Act 1988

1 Production of licence to the court

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 7 (trial: duty of accused to provide licence to the court)—

(a) for subsection (1) substitute—

(1) Where—

(a) a person who is the holder of a licence is prosecuted for an offence involving obligatory or discretionary disqualification,

(b) there is a hearing, and

(c) the person attends the hearing,

the person must bring the licence to the hearing.”;

(b) omit subsections (1A), (1B), (1C) and (2).

(3) In section 27 (sentence: production of licence to the court)—

(a) for subsection (1) substitute—

(1) Where—

(a) a person who is the holder of a licence is convicted of an offence involving obligatory or discretionary disqualification, and

(b) a court proposes to make, or makes, an order disqualifying the person,

the court may require the licence to be produced to it.”;

(b) in subsection (3)(b), at the beginning insert “unless the licence is already treated as being revoked under section 37(1),”.

2 Surrender of licence to Secretary of State where disqualified

(1) After section 37 of the Road Traffic Offenders Act 1988 insert—

37A Surrender of licence to Secretary of State where disqualified

(1) This section applies where—

(a) a person who is the holder of a licence is disqualified by an order of a court, and

(b) the Secretary of State is not already in receipt of the licence.

(2) The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served.

(3) A notice under subsection (2) may be served on a person—

(a) by delivering it to the person,

(b) by leaving it at the person’s proper address, or

(c) by sending it to the person by post.

(4) A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence.

(5) For the purposes of—

(a) subsection (3), and

(b) section 7 of the Interpretation Act 1978 in its application to subsection (3),

a person’s “proper address” is the person’s latest address as known to the Secretary of State.”

(2) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), before the entry relating to section 62 of that Act, insert—

“Section 37A(4) of this Act Failure to surrender licence to Secretary of State Summarily Level 3 on the standard scale”

3 Removal of requirement to surrender licence where fixed penalty notice

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 52 (fixed penalty notices), after subsection (2) insert—

(2A) A fixed penalty notice must give details of the identification information (as defined in section 69(3D)) that may be required under section 69 where the notice relates to an offence involving obligatory endorsement.”

(3) In section 54 (notices on-the-spot etc)—

(a) in subsection (3)—

(i) omit “, and” at the end of paragraph (a);

(ii) omit paragraph (b);

(b) omit subsections (4), (5), (5A), (5B), (6), (7) and (9).

(4) In section 69 (payment of penalties)—

(a) in subsection (2), after “method” insert “and subject to subsection (2A)”;

(b) after that subsection, insert—

(2A) Where a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, payment of the penalty may be made as mentioned in subsection (2) only if the letter also contains identification information.”;

(c) after subsection (3), insert—

(3A) Subsection (3B) applies where—

(a) a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, and

(b) a method of payment other than that mentioned in subsection (2) is used.

(3B) The penalty is treated as having been paid to the fixed penalty clerk or the Secretary of State in accordance with this Part only if the person—

(a) fulfils the identification requirements, and

(b) makes payment of the penalty to the clerk or the Secretary of State.

(3C) A person fulfils the identification requirements if—

(a) the person provides the clerk or the Secretary of State with identification information, or

(b) the clerk or the Secretary of State is otherwise satisfied of the person’s identity.

(3D) In this section “identification information” means—

(a) the person’s name and date of birth, and

(b) if the person is the holder of a licence, the licence number.”

4 Removal of requirement to deliver up licence where conditional offer

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 75 (issue of conditional offer)—

(a) in subsection (7), after paragraph (b) (but before the “and” immediately

after it) insert—

(ba) give details of the identification information that may be required where the conditional offer relates to an offence involving obligatory endorsement,”;

(b) in subsection (8A)(a), for sub-paragraph (ii) substitute—

(“ii) where the conditional offer relates to an offence involving obligatory endorsement, fulfils the identification requirements,”;

(c) after subsection (8A) insert—

(8B) For the purposes of subsection (8A)(a)(ii), an alleged offender fulfils the identification requirements if—

(a) the alleged offender provides the appropriate person with identification information, or

(b) the appropriate person is otherwise satisfied of the alleged offender’s identity.

(8C) In this section “identification information” means—

(a) the alleged offender’s name and date of birth, and

(b) if the alleged offender is the holder of a licence, the licence number.”

(3) In section 76 (effect of offer and payment of penalty)—

(a) in subsection (2), for “makes payment of the fixed penalty in accordance with the conditional offer” substitute “has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”;

(b) in subsection (3)(b), omit the words from “together” to “his licence”;

(c) in subsection (4), for “requirements specified in the conditional offer in accordance with sub-paragraphs (i) and (ii) of section 75(8A)(a) of this Act have not been fulfilled” substitute “alleged offender has not fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”.

(4) In section 77A (endorsement of driving records where penalty paid)—

(a) for subsection (1)(a) substitute—

(a) a conditional offer has been issued to a person (“the alleged offender”) under section 75(1), (2) or (3),”;

(b) in subsection (1)(b), for “76” substitute “76(2)”;

(c) in subsection (1), in the words after paragraph (b), omit “together with any licence delivered under paragraph (a) above”;

(d) in subsection (2), in the words before paragraph (a), omit “and return any licence delivered to him under this section to the alleged offender”;

(e) for subsection (2)(b) substitute—

(b) in a case where—

(i) a conditional offer is issued to a person (“the alleged offender”) under section 75(1A) or (3B), and

(ii) proceedings against the alleged offender are excluded by section 76(2).”

Amendments to the Road Traffic (New Drivers) Act 1995

5 Surrender of licence and test certificate where new driver

Schedule 1 contains amendments to the Road Traffic (New Drivers) Act 1995 which make provision about the surrender of driving licences and test certificates in the case of new drivers.

General provisions

6 Minor and consequential amendments

Schedule 2 contains minor and consequential amendments.

7 Extent, commencement and short title

(1) This Act extends to England and Wales, and Scotland.

(2) This section comes into force on the day on which this Act is passed.

(3) The remaining provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

(4) Regulations under subsection (3)

(a) may make transitional, transitory or saving provision;

(b) may appoint different days for different purposes or areas.

(5) This Act may be cited as the Road Traffic Offenders (Surrender of Driving Licences Etc) Act 2017.

SCHEDULES

Section 5

SCHEDULE 1 Surrender of licence and test certificate where new driver

1 The Road Traffic (New Drivers) Act 1995 is amended as follows.

2 (1) Section 2 (surrender of licences) is amended as follows.

(2) For the heading substitute “Persons to whom section 3(1) applies”.

(3) Before subsection (1), insert—

(A1) Section 3(1) (revocation of licences) applies to a person who—

(a) is the holder of a licence, and

(b) satisfies the conditions in subsection (1) or (3).”

(4) In subsection (1)—

(a) for “Subsection (2) applies where—” substitute “A person satisfies the conditions in this subsection if—”;

(b) omit paragraph (a);

(c) in paragraph (b), for “he” substitute “the person”;

(d) after paragraph (d), insert—

(da) the Secretary of State is required under section 44A(2) of that Act to endorse the person’s driving record with particulars of the offence and the penalty points to be attributed to it;”;

(e) in paragraph (e)—

(i) after “person’s” insert “driving record or”;

(ii) omit “, or that date has been shown by other evidence in the proceedings”;

(f) in paragraph (f), for “court” substitute “Secretary of State”.

(5) Omit subsection (2).

(6) In subsection (3)—

(a) for “Subsection (4) applies where—” substitute “A person satisfies the conditions in this subsection if—”;

(b) for paragraph (a), substitute—

(a) the person has been given a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 or a conditional offer has been issued to the person under section 75 of that Act;”;

(c) for paragraph (c), substitute—

(c) the Secretary of State is required under section 57A(5) or 77A(2) of that Act to endorse the person’s driving

record with particulars of the offence and the penalty points to be attributed to it;”;

(d) in paragraph (d), for “appropriate person” substitute “Secretary of State”;

(e) in paragraph (e), after the first “the” insert “person’s driving record or”;

(f) in paragraph (f), for “appropriate person” substitute “Secretary of State”.

(7) Omit subsection (4).

(8) Omit subsection (7).

3 (1) Section 3 (revocation of licences) is amended as follows.

(2) For subsection (1) substitute—

(1) The Secretary of State must, in the case of a person to whom this subsection applies (see section 2), by notice served on the person revoke the person’s licence.”

(3) Omit subsection (1ZA).

(4) In subsection (1A)—

(a) in the words before paragraph (a), omit “or (1ZA)”;

(b) in paragraph (b), at the beginning insert “if the Secretary of State is already in receipt of it,”.

(5) In subsection (1B), omit “or (1ZA)”.

4 After section 3 insert—

3A Surrender of licences

(1) Where—

(a) the Secretary of State is required under section 3(1) or (1B) to serve a notice on a person revoking the person’s licence, and

(b) the Secretary of State is not already in receipt of the licence,

the notice may also require the person to surrender the licence to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.

(2) A person who, without reasonable excuse, fails to comply with a requirement to surrender the person’s licence imposed under subsection (1)

(a) is guilty of an offence, and

(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where the Secretary of State receives a Northern Ireland licence pursuant to a requirement to surrender it imposed under subsection (1), the Secretary of State must send it to the licensing authority in Northern Ireland.”

5 In section 9, for subsection (5) (interpretation: address for sending licences, test certificates etc) substitute—

(5) Any requirement under any provision of this Act that—

(a) a licence, a test certificate or a notice must be sent to the Secretary of State, or

(b) a licence or a test certificate must be surrendered to the Secretary of State,

is a requirement that the licence, test certificate or notice must be sent, or the licence or test certificate must be surrendered, to the Secretary of State at such address as the Secretary of State may determine.”

6 (1) Schedule 1 (newly qualified drivers holding test certificates) is amended as follows.

(2) Omit—

(a) paragraph 1(2A);

(b) paragraph 2(1);

(c) paragraph 3 and the heading before it;

(d) paragraph 4 and the italic heading before it.

(3) In paragraph 5—

(a) for sub-paragraph (1) substitute—

(1) Where—

(a) there is a person to whom this Part of this Schedule applies,

(b) the person satisfies the conditions in section 2(1)(b) to (da) and (f) or (3)(a) to (d) and (f),

(c) the Secretary of State is satisfied that the person has been issued with a test certificate, and

(d) the person’s driving record, licence or test certificate shows the date on which the person became a qualified driver,

the Secretary of State must by notice served on the person revoke the person’s test certificate and this sub-paragraph applies to the person instead of section 3(1).”;

(b) omit sub-paragraph (1ZA);

(c) in sub-paragraph (1A)—

(i) omit “or (1ZA)”;

(ii) after “with” insert “, if the Secretary of State is already in receipt of it,”;

(d) in sub-paragraph (1B), omit “or (1ZA)”.

(4) After paragraph 5 insert—

“Surrender of test certificate

5A (1) Where—

(a) the Secretary of State is required under paragraph 5(1) or (1B) to serve a notice on a person revoking the person’s test certificate, and

(b) the Secretary of State is not already in receipt of the test certificate,

the notice may also require the person to surrender the test certificate to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.

(2) A person who, without reasonable excuse, fails to comply with a requirement to surrender the person’s test certificate imposed under sub-paragraph (1)

(a) is guilty of an offence, and

(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where the Secretary of State receives a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.”

(5) In paragraph 6(1), omit “or (1ZA)”.

(6) Omit paragraph 7 and the italic heading before it.

(7) In paragraph 8—

(a) for sub-paragraph (1) substitute—

(1) Where—

(a) there is a person to whom this Part of this Schedule applies,

(b) the person satisfies the conditions in section 2(1)(b) to (da) and (f) or (3)(a) to (d) and (f),

(c) the Secretary of State is satisfied that the person has been issued with a test certificate, and

(d) the person’s driving record, licence or test certificate shows the date on which the person became a qualified driver,

the Secretary of State must by notice served on the person revoke the person’s licence and test certificate and this sub-paragraph applies to the person instead of section 3(1).”;

(b) omit sub-paragraph (1ZA);

(c) in sub-paragraph (1A)—

(i) omit “or (1ZA)”, and

(ii) for “the Northern Ireland licence and the Northern Ireland test certificate” substitute

(a) if the Secretary of State is already in receipt of it, the Northern Ireland licence, and

(b) if the Secretary of State is already in receipt of it, the Northern Ireland test certificate.”;

(d) in sub-paragraph (1B), omit “or (1ZA)”.

(8) After paragraph 8 insert—

“Surrender of licence and test certificate

8A (1) Where—

(a) the Secretary of State is required under paragraph 8(1) or (1B) to serve a notice on a person revoking the person’s licence and test certificate, and

(b) the Secretary of State is not already in receipt of the licence or test certificate,

the notice may also require the person to surrender the licence, or test certificate, or both (as the case may be) to the Secretary of State before the end of the period of 28 days beginning with the date on which the notice is served.

(2) A person who, without reasonable excuse, fails to comply with a requirement to surrender the person’s licence or test certificate, or both (as the case may be), imposed under sub-paragraph (1)

(a) is guilty of an offence, and

(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where the Secretary of State receives a Northern Ireland licence or a Northern Ireland test certificate pursuant to a requirement to surrender it imposed under sub-paragraph (1), the Secretary of State must send it to the licensing authority in Northern Ireland.”

(9) In paragraph 9(1), omit “or (1ZA)”.

(10) In paragraph 10(1), omit “or (1ZA)” in both places.

Section 6

SCHEDULE 2 Minor and consequential amendments

Part 1 Amendments to the Road Traffic Offenders Act 1988

1 The Road Traffic Offenders Act 1988 is amended as follows.

2 (1) Section 2 (requirement of warning etc: supplementary) is amended as follows.

(2) In subsection (2)—

(a) omit “, or” at the end of paragraph (a);

(b) omit paragraph (b).

3 (1) Section 26 (interim disqualification) is amended as follows.

(2) In subsection (8), omit “has not caused it to be delivered, or has not posted it, in accordance with section 7 of this Act and”.

(3) In subsection (9)—

(a) omit “, or” at the end of paragraph (a);

(b) omit paragraph (b).

4 (1) Section 27 (production of licence) is amended as follows.

(2) In subsection (3), omit “has not caused it to be delivered, or posted it, in accordance with section 7 of this Act and”.

(3) Omit subsection (4) (which has already been repealed as it extends to Scotland).

(4) Omit subsections (4A) and (5).

5 (1) Section 47 (supplementary provisions as to disqualifications and endorsements) is amended as follows.

(2) In subsection (2), omit “a court orders the endorsement of a person’s driving record it may, and where”.

(3) Omit subsection (2A).

6 Omit section 56 (licence receipts).

7 (1) Section 57A (endorsement of driving records without hearings) is amended as follows.

(2) In subsection (3)—

(a) after “penalty is made” insert “in accordance with this Part”;

(b) omit “and return to that person any licence surrendered by him under section 54 of this Act”.

(3) In subsection (4), omit “and return to that person any licence surrendered by him under section 54 of this Act”.

(4) In subsection (5)(b), after “him” insert “in accordance with this Part”.

8 (1) Section 61A (fixed penalty notice mistakenly given: exclusion of fixed penalty procedures) is amended as follows.

(2) In subsection (3), omit “and send the chief officer of police any licence sent to him under section 54(7) of this Act”.

9 (1) Section 69 (payment of penalty) is amended as follows.

(2) In subsection (1), omit “or authorised person”.

10 (1) Section 70 (registration certificates) is amended as follows.

(2) In subsection (2A)(a), omit “or given by an authorised person”.

(3) In subsection (3A)(a), omit “or given by an authorised person”.

11 (1) Section 79 (statements by constables) is amended as follows.

(2) In subsection (1), omit “or a notice under section 54(5) of this Act”.

(3) In subsection (6)—

(a) omit “, and” at the end of paragraph (a);

(b) omit paragraph (b).

12 In section 80 (certificates about payment)—

(a) in the heading, after “payment” insert “etc”;

(b) after paragraph (b) insert , or

(c) that the identification requirements specified in section 69(3C) or 75(8B) have been fulfilled,”;

(c) in the words after paragraph (b), for “it” substitute “the penalty”.

13 (1) In section 84(a) (regulations), omit “54(5), 56,”.

(2) The reference in sub-paragraph (1) of this paragraph to section 84(a) is to be read as a reference to section 84(1)(a), if the condition in sub-paragraph (3) is met.

(3) The condition is that section 16(3) of the Domestic Violence, Crime and Victims Act 2004 (which amends section 84) comes into force before the repeal of section 54(5) of the Road Traffic Offenders Act 1988 made by section 3(3)(b) of this Act.

14 (1) Section 89 (interpretation) is amended as follows.

(2) In subsection (1), omit the definition of “authorised person”.

(3) In subsection (1), in the definition of “chief officer of police”, omit “(except in the definition of “authorised person”)”.

15 (1) Section 90 (index to Part 3) is amended as follows.

(2) In the table, omit the entry for “authorised person”.

16 In section 91ZA(1) (application to Northern Ireland licence holders), after paragraph (c) insert—

(ca) section 37A,”.

17 In section 91A(1) (application to Community licence holders))—

(a) omit “and (9)(b)”;

(b) for “and 27” substitute “, 27 and 37A”.

18 (1) Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.

(2) In paragraph 2(a), after “section” insert “37A or”.

(3) In paragraph 2(d)—

(a) after “under” insert “section 3A(2) or”;

(b) for “3(5)” substitute “5A(2) or 8A(2)”.

19 In Part 1 of Schedule 2 (prosecution and punishment of offences), in the entry relating to section 27 of the Road Traffic Offenders Act 1988, for the words in column 2 (general nature of offence) substitute—

“Failing to produce licence to court when required to do so.”

Part 2 Amendments to other Acts

Road Traffic Act 1988

20 The Road Traffic Act 1988 is amended as follows.

21 In section 93 (revocation of licence because of disability or prospective disability), omit subsection (4).

22 In section 99 (duration of licences), omit subsection (6).

23 (1) Section 164 (power of constables to require production of driving licence and in certain cases statement of date of birth) is amended as follows.

(2) After subsection (5), insert—

(5A) If a person is required to surrender the person’s licence or test certificate to the Secretary of State under—

(a) section 37A of the Road Traffic Offenders Act 1988, or

(b) section 3A of, or paragraph 5A or 8A of Schedule 1 to, the Road Traffic (New Drivers) Act 1995,

and fails to do so, a constable or vehicle examiner may require the person to produce the licence or test certificate and, upon its being produced, may seize it and deliver it to the Secretary of State.

(5B) In subsection (5A), “test certificate” has the same meaning as in Schedule 1 to the Road Traffic (New Drivers) Act 1995.”

(3) In subsection (6), for “(7) to” substitute “(8) and”.

(4) Omit subsection (7).

24 In section 166 (powers of certain officers as respects goods vehicles and passenger-carrying vehicles), for “164(1) or (3)” substitute “164(1), (3) or (5A)”.

Crime (International Co-operation) Act 2003

25 In section 63 of the Crime (International Co-operation) Act 2003 (production of licence: Great Britain), omit subsection (3).

Part 3 Consequential repeals of amending enactments

Road Traffic (New Drivers) Act 1995

26 In Schedule 2 to the Road Traffic (New Drivers) Act 1995, omit paragraph 4 (which amends section 47 of the Road Traffic Offenders Act 1988).

Access to Justice Act 1999

27 In Schedule 13 to the Access to Justice Act 1999, omit—

(a) paragraph 141 (which amends section 7 of the Road Traffic Offenders Act 1988);

(b) paragraph 144 (which amends section 27 of that Act);

(c) paragraph 173 (which amends paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995).

Police Reform Act 2002

28 In section 76 of the Police Reform Act 2002, omit subsection (2) (which amends section 54 of the Road Traffic Offenders Act 1988).

Courts Act 2003

29 In Schedule 8 to the Courts Act 2003, omit—

(a) paragraph 310 (which amends section 7 of the Road Traffic Offenders Act 1988);

(b) paragraph 313 (which amends section 27 of that Act);

(c) paragraph 365 (which amends paragraph 3 of Schedule 1 to the Road Traffic (New Drivers) Act 1995).

Road Safety Act 2006

30 The Road Safety Act 2006 is amended as follows.

31 In section 10, omit—

(a) subsections (5) and (6) (which amend section 54 of the Road Traffic Offenders Act 1988);

(b) subsections (10) and (11) (which amend section 57A of that Act).

32 In Schedule 1, omit—

(a) paragraph 3(8) (which amends section 54 of the Road Traffic Offenders Act 1988);

(b) paragraph 4 (which amends section 56 of that Act);

(c) paragraph 18(5) (which amends section 79 of that Act);

(d) paragraph 25 (which amends section 2 of the Road Traffic (New Drivers) Act 1995);

(e) paragraph 26(3) and (4) (which amend section 3 of that Act);

(f) paragraph 27(2), (3), (4), (5)(a) and (b), (6), (7), (8)(a) and (b), (9) and (10) (which amend Schedule 1 to that Act).

33 In Schedule 2, omit paragraph 25(2)(b) (which amends section 76 of the Road Traffic Offenders Act 1988).

34 In Schedule 3, omit—

(a) paragraph 5(3) and (4) (which amend section 93 of the Road Traffic Act 1988);

(b) paragraph 9(5) (which amends section 99 of that Act);

(c) paragraph 26(6) (which amends section 164 of that Act);

(d) paragraph 32(3) and (4) (which amend section 26 of the Road Traffic Offenders Act 1988);

(e) paragraph 33(5) (which amends section 27 of that Act);

(f) paragraph 44(3) (which amends section 47 of that Act);

(g) paragraph 46 (which amends section 56 of that Act);

(h) paragraph 49(3) (which amends section 61A of that Act);

(i) paragraph 54 (which amends section 77A of that Act);

(j) paragraph 67(2), (3)(a) and (b) and (4) (which amend section 2 of the Road Traffic (New Drivers) Act 1995);

(k) paragraph 68 (which amends section 3 of that Act);

(l) paragraph 70 (which amends Schedule 1 to that Act).

Criminal Justice and Courts Act 2015

35 In Schedule 11 to the Criminal Justice and Courts Act 2015, omit—

(a) paragraph 9 (which amends section 2 of the Road Traffic Offenders Act 1988);

(b) paragraph 11 (which amends section 27 of that Act).


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