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Registration And Endorsement Invalid In Certain Circumstances

Volume 24: debated on Tuesday 25 May 1982

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With this it will be convenient to take Government amendments Nos. 45 to 47.

The amendments remove an anomaly in clause 35, which deals with the statutory declaration. As the clause stands, if a person makes a statutory declaration under subsection (2)(b) to the effect that a hearing had been requested in respect of the fixed penalty offence in question, the registration of the fine and any proceedings to enforce it are void. However, that person's licence may already have been endorsed. The clause, as drafted, has no provision for cancelling that endorsement. The amendments put right that anomaly.

Amendment agreed to.

Amendments made: No. 45, in page 38, line 11, leave out 'and'.

No. 46, in page 38, line 13, after 'registered', insert

'and any endorsement, in respect of the offence in respect of which the relevant fixed penalty notice was given, made under section 32 of this Act before the declaration was served'.

No. 47, in page 38, line 17, at end insert—

'(6A) It shall be the duty of the clerk of the relevant court to cancel an endorsement of a licence under section 32 of this Act that is void by virtue of subsection (5) or (6)(a) above on production of the licence to him for that purpose, and to send notice of the cancellation to the Secretary of State.'—[Mr. David Howell.]