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PART 2
Penalty Points
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Endorsement of penalty points in respect of offences alleged to have been committed on same occasion
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3. (1) Section 2 of the Act of 2002 is amended—
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(a) by the substitution of the following subsection for subsection (2):
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“(2) Where a person is convicted of a penalty point offence, the number of penalty points specified in column (5) of the First Schedule opposite the mention of the offence in column (2) of that Schedule, standing so specified on the day of the commission of the alleged offence, shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the offence irrespective of whether or not the person—
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(a) committed more than one penalty point offence on a single occasion, or
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(b) made one or more payments referred to in subsection (1) in respect of penalty point offences alleged to have been committed on the same occasion as the penalty point offence of which the person is convicted.”,
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(b) by the repeal of subsection (3),
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(c) by the insertion of the following subsections:
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“(3A) Where a person, whether on the same occasion or not, makes 3 or more payments referred to in subsection (1) in respect of alleged penalty point offences committed on the same occasion, penalty points in respect of 2 only of the alleged offences, determined, where appropriate, in accordance with subsection (4A), shall together be endorsed on the entry relating to the person.
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(4A) In a case referred to in subsection (3A), if the number of penalty points falling (but for that subsection) to be endorsed on the entry concerned in respect of one or more of the alleged offences concerned differs from that or those in respect of the others, the 2 numbers which are biggest shall together be endorsed on the entry.”,
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(d) by the repeal of subsection (4),
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(e) in subsection (5), by the substitution of “subsections (3A), (4A), (7) and (8)” for “subsections (3), (7) and (8)”, and
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(f) in subsection (6), by the substitution of “subsections (7) and (8)” for “subsections (3), (7) and (8)”.
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(2) Notwithstanding the amendment of subsection (2), and the repeal of subsections (3) and (4), of section 2 of the Act of 2002 by subsection (1), where a person—
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(a) makes 2 or more payments referred to in section 2(1) of the Act of 2002 in respect of penalty point offences,
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(b) is convicted of 2 or more penalty point offences within the meaning of that Act, or
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(c) makes one or more payments referred to in section 2(1) of the Act of 2002 in respect of penalty point offences and is convicted of one or more penalty point offences within the meaning of that Act,
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committed, or alleged to have been committed, prior to the commencement of subsection (1) and on the same occasion—
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(i) any penalty points to be endorsed in accordance with section 2 of the Act of 2002 shall be so endorsed as if—
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(I) subsection (2) of that section had not been amended by subsection (1)(a),
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(II) subsection (3) of that section had not been repealed by subsection (1)(b), and
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(III) subsection (4) of that section had not been repealed by subsection (1)(d),
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and
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(ii) subsections (3A) and (4A) (inserted by subsection (1)(c)) of that section shall not apply.
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