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Statutory Instruments

2012 No. 2938 (C. 117)

Road Traffic

The Road Safety Act 2006 (Commencement No.9 and Transitional Provisions) Order 2012

Made

22nd November 2012

The Secretary of State, in exercise of the powers conferred by section 61(1), (2) and (6) of the Road Safety Act 2006( 1 ), makes the following Order:

Citation and interpretation

1. β€”(1) This Order may be cited as the Road Safety Act 2006 (Commencement No.9 and Transitional Provisions) Order 2012.

(2) In this Order, β€œthe 1988 Act” means the Road Traffic Offenders Act 1988( 2 ).

Provisions coming into force

2. β€”(1)Section 35 of the Road Safety Act 2006 (reduced disqualification period for attendance on course) comes into forceβ€”

(a) on 21st December 2012 for the purposes of the making of applications for approval, the approval, and the appeal against refusal of approval or conditional approval of courses for persons convicted of a relevant drink offence;

(b) on 24th June 2013 for all purposes having application where a person is convicted of a relevant drink offence.

(2)Section 59 (repeals and revocations) of the Road Safety Act 2006, in so far as it relates to the provisions of Schedule 7 and the entries in section 8, comes into forceβ€”

(a) on 21st December 2012 to the extent that it relates to the purposes referred to in paragraph (1)(a);

(b) on 24th June 2013 for the purposes referred to in paragraph (1)(b).

Transitional provisions

3. β€”(1) Subject to paragraph (2), sections 34B and 34C(1) of the 1988 Act apply in accordance with paragraph (3) to a course which was approved for the purposes of section 34A of the 1988 Act before 21 st December 2012 (β€œan old course”).

(2) Sections 34B and 34C(1) of the 1988 Act do not apply to an old course pursuant to paragraph (1) unless that course remained approved immediately before 24th June 2013.

(3) Sections 34B and 34C(1) of the 1988 Act apply to an old course until 18th August 2013 and for that purposeβ€”

(a) the course is treated as having been approved by the appropriate national authority under section 34BA of the 1988 Act; and

(b) the person who was, before 24th June 2013, the course organiser is treated as the course provider.

(4) For the purposes of the application of section 34B of the 1988 Act pursuant to paragraphs (1) to (3)β€”

(a) references to β€œcertificate” or β€œnotice” include a certificate or notice (as the case may be) given under section 34B as that section was in force immediately before 24th June 2013;

(b) references to β€œthe unreduced period” include a period of disqualification imposed under section 34B as that section was in force immediately before 24th June 2013 and references to β€œthe reduced period” include the period of disqualification so imposed as reduced by an order made under that section as then in force; and

(c) references to β€œthe order” include an order made under section 34A of the 1988 Act as that section was in force immediately before 24th June 2013 and, in relation to such an order, references to β€œthe supervising court” have the meaning given in section 34C(2) of the 1988 Act as that section was in force immediately before 24th June 2013.

(5) For the purposes of the application of subsection (1) of section 34C of the 1988 Act pursuant to paragraphs (1) to (3) the references to guidance given under that subsection are to guidance given under section 34C(1) as that section was in force immediately before 24th June 2013.

Signed by authority of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

22nd November 2012

( 1 )

2006 c.49 .

( 2 )

1988 c.53 . Sections 34A to 34C were inserted by the Road Traffic Act 1991 (c.40) , section 30. Relevant amendments were made by the Access to Justice Act 1999 (c.22) , Schedule 13, paragraphs 145 and 146.

( 3 )

Section 49A was inserted by the Local Transport Act 2008 (c.26) , section 129.

( 4 )

Section 49B was inserted by the Local Transport Act 2008, section 130.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Road Safety Act 2006 (Commencement No.9 and Transitional Provisions) Order 2012 (2012/2938)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
an old courseart. 3.an_old_cou_rtgsr4p
certificateart. 3.certificat_rtcIDNb
noticeart. 3.notice_rtSeU2x
the 1988 Actart. 1.the_1988_A_rtVyuiW
the orderart. 3.the_order_rtQjn9a
the reduced periodart. 3.the_reduce_rtXtexC
the supervising courtart. 3.the_superv_rt8rAQq
the unreduced periodart. 3.the_unredu_rtNhF0c

Status of changes to instrument text

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