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INFRINGEMENTS (CONSEQUENTIAL AND OTHER AMENDMENTS) ACT 2006 (NO 32 OF 2006) - SECT 36

Directions to suspend driver licence or vehicle registration

    (1)     In section 110(2) of the Principal Act—

        (a)     in paragraph (b) for "applies for" substitute "has obtained";

        (b)     in paragraph (c) for "applies for" substitute "has been granted".

    (2)     After section 110(2) of the Principal Act insert

    "(3)     Despite sub-section (2)(b) or (c), no direction under sub-section (1) may be made if the person on whom a notice of intention to make a direction was served under sub-section (2) has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) which has not been determined, until the application is determined.

    (4)     The sheriff may serve a notice of intention under sub-section (2) whether or not the person whose driver licence is to be suspended is a person in default at the time of the service of that notice of intention.".

    (3)     In section 112(2) of the Principal Act—

        (a)     in paragraph (b) for "applies for" substitute "has obtained";

        (b)     in paragraph (c) for "applies for" substitute "has been granted".

    (4)     For section 112(3) of the Principal Act substitute

    "(3)     Despite sub-section (2)(b) or (c), no direction under sub-section (1) may be made if the person on whom a notice of intention to make a direction was served under sub-section (2) has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) which has not been determined, until the application is determined.

    (4)     The sheriff may serve a notice of intention under sub-section (2) whether or not the person who is the registered operator of a vehicle in respect of which the registration is to be suspended is a person in default at the time of the service of that notice of intention.

    (5)     This section applies whether the person who is the registered operator of a vehicle is a natural person or a body corporate.".



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