DRIVING DISQUALIFICATION WHERE VEHICLE USED FOR PURPOSES OF CRIME (Hansard, 20 October 1972)

§ Mr. Carlisle
I beg to move, That this House doth agree with the Lords in the said Amendment.

§ Mr. Speaker
With this we are to take Lords Amendment No. 13, in page 21, line 2, leave out from "and" to end of line 7 and insert—

"(a) if he does not produce the licence as required he shall be guilty of an offence under section 101(4) of the Road Traffic Act 1972 (failure to produce licence for endorsement); and

(b) if he applies under section 95 of that Act for the disqualification to be removed and the court so orders, subsection (4) of that section shall not have effect so as to require particulars of the order to be endorsed on the licence, but the court shall send notice of the order to the Secretary of State and section 105(5) of that Act (procedure) shall apply to the notice."

and Lords Amendment No. 48, in page 44, line 27, at end insert— "The Road Traffic Act 1972 In section 105(2) of the Road Traffic Act 1972 after the words 'for the purpose of endorsement' there shall be inserted the words '(or its production to comply with section 23(3) of the Criminal Justice Act 1972 in the case of disqualification under that section)'.

§ Mr. Carlisle
Although these are not drafting Amendments, they are basically technical Amendments. What has happened is that the Road Traffic Act, 1972, has been brought into force since the Bill was introduced and the purpose of the Amendments is to take account of that and to make some necessary Amendments to deal with the situation in which an offender who has been disqualified applies for the removal of that disqualification.
This became necessary because, as those who served on the Standing Committee will remember, there were Amendments to deal with an individual's licence when he was disqualified under the provisions for disqualification for a criminal rather than a motoring offence. Unless a supervision order has also had to be made, it deals with what happens to his licence if that disqualification is later removed by order of the court.