Member

325: Clause 94, page 121, line 17, at end insert— “(3) After section 93I of the Sexual Offences Act 2003 (inserted by subsection (2)) insert—“93J Restriction on granting replacement driving licences in new name (Northern Ireland)(1) The Department for Infrastructure in Northern Ireland (“the Department”) may by regulations make provision to prevent a person from being granted a licence to drive a motor vehicle under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (a “replacement licence”) if—(a) the person holds, or has held, a driving licence,(b) the name to be specified in the replacement licence (“the new name”) is different from the name specified in the driving licence most recently granted to the person, and(c) it appears to the Department, on the basis of information provided by the Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”), that the person is a section 93B relevant offender who was not authorised to apply for a driving licence in the new name.(2) The regulations may, in particular, include provision for authorising or requiring—(a) the Chief Constable to disclose specified information to the Department, and(b) the Department to disclose specified information to the Chief Constable,where the disclosure falls within subsection (3).(3) A disclosure falls within this subsection if it is made—(a) for the purposes of enabling the Department or the Chief Constable to carry out their functions under or by virtue of the regulations, or(b) in connection with the detection or investigation of an offence under section 93B(3).(4) The regulations may, in particular, make provision about how the Department or the Chief Constable may or must use information disclosed to them by virtue of subsection (2).(5) The regulations may include provision amending Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)). (6) In this section—“driving licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or under Part 3 of the Road Traffic Act 1988;“section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1);“specified” means specified in regulations under this section.”.”Member’s explanatory statement This amendment provides for the Department for Infrastructure to make regulations for Northern Ireland restricting replacement of driving licences of sex offenders in a new name.