Road Safety Act 2006 (c. 49)

(The document as of February, 2008)

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(2) In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain sections apply), after the entry relating to section 3 of the Road Traffic Act 1988 insert--

" RTA section 3ZB

Causing death by driving: unlicensed, disqualified or uninsured drivers.

Sections 11 and 12(1) of this Act. "

(3) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 3 of the Road Traffic Act 1988 insert--

" RTA section 3ZB	Causing death by driving: unlicensed, disqualified or uninsured drivers.	(a) Summarily.	(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both.	Obligatory.	Obligatory.	3-11
		(b) On indictment.	(b) 2 years or a fine or both. "

(4) In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) (informing coroners)--

(a) before "or 3A" insert ", 3ZB", and

(b) before "or careless" insert ", unlicensed, disqualified or uninsured drivers".

(5) In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after paragraph (c) insert--

" (ca) section 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers), " .

22 Offence of keeping vehicle which does not meet insurance requirements

(1) In the Road Traffic Act 1988 (c. 52), after section 144 insert--

" 144A Offence of keeping vehicle which does not meet insurance requirements

(1) If a motor vehicle registered under the Vehicle Excise and Registration Act 1994 does not meet the insurance requirements, the person in whose name the vehicle is registered is guilty of an offence.

(2) For the purposes of this section a vehicle meets the insurance requirements if--

(a) it is covered by a such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

(b) either of the following conditions is satisfied.

(3) The first condition is that the policy or security, or the certificate of insurance or security which relates to it, identifies the vehicle by its registration mark as a vehicle which is covered by the policy or security.

(4) The second condition is that the vehicle is covered by the policy or security because--

(a) the policy or security covers any vehicle, or any vehicle of a particular description, the owner of which is a person named in the policy or security or in the certificate of insurance or security which relates to it, and

(b) the vehicle is owned by that person.

(5) For the purposes of this section a vehicle is covered by a policy of insurance or security if the policy of insurance or security is in force in relation to the use of the vehicle.

144B Exceptions to section 144A offence

(1) A person ("the registered keeper") in whose name a vehicle which does not meet the insurance requirements is registered at any particular time ("the relevant time") does not commit an offence under section 144A of this Act at that time if any of the following conditions are satisfied.

(2) The first condition is that at the relevant time the vehicle is owned as described--

(a) in subsection (1) of section 144 of this Act, or

(b) in paragraph (a), (b), (da), (db), (dc) or (g) of subsection (2) of that section,

(whether or not at the relevant time it is being driven as described in that provision).

(3) The second condition is that at the relevant time the vehicle is owned with the intention that it should be used as described in paragraph (c), (d), (e) or (f) of section 144(2) of this Act.

(4) The third condition is that the registered keeper--

(a) is not at the relevant time the person keeping the vehicle, and

(b) if previously he was the person keeping the vehicle, he has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.

(5) The fourth condition is that--

(a) the registered keeper is at the relevant time the person keeping the vehicle,

(b) at the relevant time the vehicle is not used on a road or other public place, and

(c) the registered keeper has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.

(6) The fifth condition is that--

(a) the vehicle has been stolen before the relevant time,

(b) the vehicle has not been recovered by the relevant time, and

(c) any requirements under subsection (7)(b) below that, in connection with the theft, are required to have been complied with by the relevant or any earlier time have been complied with by the relevant time.

(7) Regulations may make provision--

(a) for the purposes of subsection (4)(b) and (5)(c) above, requiring a person in whose name a vehicle is registered to furnish such particulars and make such declarations as may be prescribed, and to do so at such times and in such manner as may be prescribed, and

(b) for the purposes of subsection (6)(c) above, as to the persons to whom, the times at which and the manner in which the theft of a vehicle is to be notified.

(8) Regulations may make provision amending this section for the purpose of providing for further exceptions to section 144A of this Act (or varying or revoking any such further exceptions).

(9) A person accused of an offence under section 144A of this Act is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception; but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.

144C Fixed penalty notices

(1) Where on any occasion the Secretary of State has reason to believe that a person has committed an offence under section 144A of this Act, the Secretary of State may give the person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the Secretary of State.

(2) Where a person is given a notice under this section in respect of an offence under section 144A of this Act--

(a) no proceedings may be instituted for that offence before the end of the period of 21 days following the date of the notice, and

(b) he may not be convicted of that offence if he pays the fixed penalty before the end of that period.

(3) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(4) A notice under this section must also state--

(a) the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence,

(b) the amount of the fixed penalty, and

(5) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) above at the address so mentioned.

(6) Where a letter is sent in accordance with subsection (5) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(7) Regulations may make provision as to any matter incidental to the operation of this section, and in particular--

(a) as to the form of a notice under this section,

(b) as to the information to be provided in such a notice by virtue of this section, and

(8) The fixed penalty payable under this section is, subject to subsection (9) below, £100.

(9) Regulations may substitute a different amount for the amount for the time being specified in subsection (8) above.

(10) Regulations may make provision for treating a fixed penalty payable under this section as having been paid if a lesser amount is paid before the end of a prescribed period.

(11) In any proceedings a certificate which--

(a) purports to be signed by or on behalf of the Secretary of State, and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

144D Section 144A offence: supplementary

(1) Schedule 2A makes provision about the immobilisation of vehicles as regards which it appears that an offence under section 144A of this Act is being committed and about their removal and disposal.

(2) A person authorised by the Secretary of State for the purposes of this subsection may on behalf of the Secretary of State conduct and appear in any proceedings by or against the Secretary of State in connection with the enforcement of an offence under section 144A of this Act or under regulations made under section 160 of this Act by virtue of Schedule 2A to this Act--

(a) in England and Wales, in a magistrates' court, and

(b) in Scotland, in any court other than the High Court of Justiciary or the Court of Session. "

(2) Before section 160 of the Road Traffic Act 1988 (c. 52) insert--

" 159A Disclosure of information

(1) Regulations may make provision for and in connection with requiring MIIC to make information available to any prescribed person for the purposes of the exercise of any of that person's functions in connection with the enforcement of an offence under this Part of this Act or under regulations made under section 160 of this Act.

(2) In this section--

"MIIC" means the Motor Insurers' Information Centre (a company limited by guarantee and incorporated under the Companies Act 1985 on 8th December 1998), and
"information" means information held in any form. "

(3) After Schedule 2 to that Act insert the Schedule 2A set out in Schedule 5 to this Act.

(4) In section 91(a) of the Road Traffic Offenders Act 1988 (c. 53) (penalty for breach of regulations: application to regulations under Road Traffic Act 1988), after "132" insert "or under section 160 by virtue of Schedule 2A".

(5) In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 143 of the Road Traffic Act 1988 insert--

" RTA section 144A

Keeping vehicle which does not meet insurance requirements.

Sections 6, 11 and 12(1) of this Act. "

(6) Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.

(7) After the entry relating to section 143 of the Road Traffic Act 1988 insert--

" RTA section 144A

Keeping vehicle which does not meet insurance requirements.

Summarily.

Level 3 on the standard scale. "

(8) After the entry relating to section 154 of the Road Traffic Act 1988 insert--

" Regulations under RTA section 160 made by virtue of paragraph 2(1) of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal of or interference with immobilisation notice.	Summarily.	Level 2 on the standard scale.
Regulations under RTA section 160 made by virtue of paragraph 2(2) of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal or attempted removal of immobilisation device.	Summarily.	Level 3 on the standard scale.
Regulations under RTA section 160 made by virtue of paragraph 2(3) of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) about display of disabled person's badge.	Summarily.	Level 3 on the standard scale.
Regulations under RTA section 160 made by virtue of paragraph 2(4) of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure release of vehicle from immobilisation device.	(a) Summarily. (b) On indictment.	(a) The statutory maximum. (b) 2 years or a fine or both.
Regulations under RTA section 160 made by virtue of paragraph 4 of Schedule 2A	Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure possession of vehicle in person's custody.	(a) Summarily. (b) On indictment.	(a) The statutory maximum. (b) 2 years or a fine or both. "

Increases in penalties

23 Careless, and inconsiderate, driving

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 3 of the Road Traffic Act 1988 (c. 52) (careless, and inconsiderate, driving), in column (4) (punishment), for "Level 4" substitute "Level 5".

24 Breach of requirements relating to children and seat belts

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 15(4) of the Road Traffic Act 1988 (driving a motor vehicle in contravention of requirements relating to seat belts where children in rear seat), in column (4) (punishment), for "Level 1" substitute "Level 2".

25 Using vehicle in dangerous condition etc.

(1) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 40A of the Road Traffic Act 1988 (c. 52) (using vehicle in dangerous condition etc.), in column (5) (disqualification), for "Discretionary." substitute--

" (a) Obligatory if committed within three years of a previous conviction of the offender under section 40A.

(b) Discretionary in any other case. "

(2) In section 34 of that Act (disqualification for certain offences), after subsection (4A) insert--

" (4B) Where a person convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc.) has within the three years immediately preceding the commission of the offence been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to six months. "

26 Breach of requirements as to control of vehicle, mobile telephones etc.

(1) Before section 42 of the Road Traffic Act 1988 insert--

" 41D Breach of requirements as to control of vehicle, mobile telephones etc.

A person who contravenes or fails to comply with a construction and use requirement--

(a) as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or

(b) as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,

is guilty of an offence. "

(2) In section 42(a) of that Act (breach of other construction and use requirements), before "of" insert "or 41D".

(3) In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain sections apply), before the entry relating to section 42 of the Road Traffic Act 1988 insert--

" RTA section 41D.

Breach of requirements as to control of vehicle, mobile telephones etc.

Sections 11 and 12(1) of this Act. "

(4) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), before the entry relating to section 42 of the Road Traffic Act 1988 (c. 52) insert--

" RTA section 41D

Breach of requirements as to control of vehicle, mobile telephones etc.

Summarily.

(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.

(b) Level 3 on the standard scale in any other case.

Discretionary.

Obligatory.

3. "

(5) In Schedule 3 to that Act (fixed penalty offences), before the entry relating to section 42 of the Road Traffic Act 1988 insert--

" RTA section 41D

Breach of requirement as to control of vehicle, mobile telephone etc. "

27 Power of police to stop vehicle

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 163 of the Road Traffic Act 1988 (failing to stop mechanically propelled vehicle or cycle when required to do so), in column (4) (punishment), for "Level 3 on the standard scale." substitute--

" (a) Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle.

(b) Level 3 on the standard scale if committed by a person riding a cycle. " and, in column (2) (general nature of offence), for "motor" substitute "mechanically propelled".

28 Furious driving

In Part 2 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences otherwise than under the Traffic Acts), after the entry relating to manslaughter and culpable homicide insert--

" An offence under section 35 of the Offences against the Person Act 1861 (furious driving).

Discretionary.

Obligatory if committed in respect of a mechanically propelled vehicle.

3-9 "

29 Breach of duty to give information as to identity of driver etc.

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 172 of the Road Traffic Act 1988 (c. 52) (duty to give information as to identity of driver etc. in certain circumstances), in column (7) (penalty points), for "3" substitute "6".

Other provisions about offences

30 Meaning of driving without due care and attention

In the Road Traffic Act 1988, after section 3 insert--

" 3ZA Meaning of careless, or inconsiderate, driving

(1) This section has effect for the purposes of sections 2B and 3 above and section 3A below.

(2) A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.

(3) In determining for the purposes of subsection (2) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(4) A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving. "

31 Extension of offence in section 3A of Road Traffic Act 1988

(1) Section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs etc.) is amended as follows.

(2) In subsection (1), after paragraph (c) insert " or

(d) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so, " .

(3) In subsection (3), for "and (c)" substitute ", (c) and (d)".

(4) In section 24(1) of the Road Traffic Offenders Act 1988 (alternative verdicts), in the Table, in the entry relating to section 3A of the Road Traffic Act 1988, in the second column, after "Section 7(6) (failing to provide specimen)" insert "Section 7A(6) (failing to give permission for laboratory test)".

32 Alternative verdict on unsuccessful culpable homicide prosecution

(1) Section 23 of the Road Traffic Offenders Act 1988 (c. 53) (alternative verdicts in Scotland) is amended as follows.

(2) In subsection (1), for "an offence under section 2 of the Road Traffic Act 1988 (dangerous driving)" substitute "any of the relevant offences".

(3) After that subsection insert--

" (1A) For the purposes of subsection (1) above the following are the relevant offences--

(a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

(b) an offence under section 2 of that Act (dangerous driving), and

(c) an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs). "

33 Alternative verdict on unsuccessful manslaughter prosecution

In section 24 of the Road Traffic Offenders Act 1988 (alternative verdicts), before subsection (1) insert--

" (A1) Where--

(a) a person charged with manslaughter in connection with the driving of a mechanically propelled vehicle by him is found not guilty of that offence, but

(b) the allegations in the indictment amount to or include an allegation of any of the relevant offences,

he may be convicted of that offence.

(A2) For the purposes of subsection (A1) above the following are the relevant offences--

(a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),

(b) an offence under section 2 of that Act (dangerous driving),

(c) an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs), and

(d) an offence under section 35 of the Offences against the Person Act 1861 (furious driving). "

Attendance on courses

34 Penalty points

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 29 (penalty points to be taken into account on conviction), after subsection (2) insert--

" (2A) Subsection (1)(b) above has effect subject to section 30A(4) of this Act. "

(3) After section 30 insert--

" 30A Reduced penalty points for attendance on course

(1) This section applies where--

(a) a person is convicted of a specified offence by or before a court,

(b) penalty points are to be attributed to the offence and the court does not order him to be disqualified, and

(c) at least seven but no more than eleven penalty points are to be taken into account on the occasion of the conviction.

(2) In this section "specified offence" means--

(a) an offence under section 3 of the Road Traffic Act 1988 (careless, and inconsiderate, driving),

(b) an offence under section 36 of that Act (failing to comply with traffic signs),

(c) an offence under section 17(4) of the Road Traffic Regulation Act 1984 (use of special road contrary to scheme or regulations), or

(d) an offence under section 89(1) of that Act (exceeding speed limit).

(3) But the Secretary of State may by regulations amend subsection (2) above by adding other offences or removing offences.

(4) Where this section applies, the court may make an order that three of the penalty points attributed to the offence (or all of them if three or fewer are so attributed) shall not be taken into account under section 29(1)(b) of this Act on the occasion of any conviction of an offence after the end of the period of twelve months beginning with the date of the order if, by the relevant date, the offender completes an approved course specified in the order.

(5) In subsection (4) above--

"an approved course" means a course approved by the appropriate national authority for the purposes of this section in relation to the description of offence of which the offender is convicted, and
"the relevant date" means such date, no later than ten months after the day on which the order is made, as is specified in the order.

(6) A court shall not make an order under this section in the case of an offender convicted of an offence if--

(a) the offender has, during the period of three years ending with the date on which the offence was committed, committed a specified offence and successfully completed an approved course pursuant to an order made under this section or section 34A of this Act on conviction of that offence, or

(b) the offence was committed during his probationary period.

(7) A court shall not make an order under this section in the case of an offender unless--

(a) the court is satisfied that a place on the course specified in the order will be available for the offender,

(b) the offender appears to the court to be of or over the age of 17,

(c) the court has informed the offender (orally or in writing and in ordinary language) of the effect of the order and of the amount of the fees which he is required to pay for the course and when he must pay them, and

(d) the offender has agreed that the order should be made.

30B Certificates of completion of courses

(1) An offender shall be regarded for the purposes of section 30A of this Act as having completed a course satisfactorily if (and only if) a certificate that he has done so is received by the proper officer of the supervising court.

(2) A course provider must give a certificate under subsection (1) above to the offender not later than fourteen days after the date specified in the order as the latest date for the completion of the course unless the offender--

(a) fails to make due payment of fees for the course,

(b) fails to attend the course in accordance with the course provider's reasonable instructions, or

(3) A certificate under subsection (1) above is to be given by the course provider and shall be in such form, and contain such particulars, as may be prescribed by, or determined in accordance with, regulations made by the appropriate national authority.

(4) Where a course provider decides not to give a certificate under subsection (1) above to the offender, he shall give written notice of the decision to the offender as soon as possible, and in any event not later than fourteen days after the date specified in the order as the latest date for completion of the course.

(5) An offender to whom a notice is given under subsection (4) above may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider's decision not to give a certificate under subsection (1) above was contrary to subsection (2) above.

(6) If the court grants the application, section 30A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

(7) If fourteen days after the date specified in the order as the latest date for completion of the course the course provider has given neither the certificate under subsection (1) above nor a notice under subsection (4) above, the offender may, within such period as may be prescribed by rules of court, apply to the supervising court, or (if the supervising court is not the Crown Court, the High Court of Justiciary or the relevant local court) to either the supervising court or the relevant local court, for a declaration that the course provider is in default.

(8) If the court grants the application, section 30A of this Act shall have effect as if the certificate had been duly received by the proper officer of the supervising court.

(9) A notice under subsection (4) above shall specify the ground on which it is given; and the appropriate national authority may by regulations make provision as to the form of notices under that subsection and as to the circumstances in which they are to be treated as given.

(10) Where the proper office of a court receives a certificate under subsection (1) above, or a court grants an application under subsection (5) or (7) above, the proper officer or court must send notice of that fact to the Secretary of State; and the notice must be sent in such manner and to such address, and must contain such particulars, as the Secretary of State may determine.

30C Approval of courses

(1) If an application is made to the appropriate national authority for the approval of a course for the purposes of section 30A of this Act, the appropriate national authority must decide whether to grant or refuse the application.

(2) In reaching that decision the appropriate national authority must have regard to--

(a) the nature of the course, and

(b) whether the course provider is an appropriate person to provide the course and administer its provision efficiently and effectively,

and may take into account any recommendations made by any persons appointed to consider the application.

(3) A course may be approved subject to conditions specified by the appropriate national authority.

(4) An approval of a course is for the period specified by the appropriate national authority (which must not exceed seven years), subject to withdrawal of approval.

(5) Regulations made by the appropriate national authority may make provision in relation to the approval of courses and may, in particular, include provision--

(a) in relation to the making of applications for approval,

(b) for the payment in respect of applications for approval, or of approvals, (or of both) of fees of such amounts as are prescribed by the regulations,

(d) for the monitoring of courses and course providers,

(e) in relation to withdrawing approval,

(f) for an appeal to lie to the Transport Tribunal against a refusal of an application for approval, the imposition of conditions on the grant of such an application or the withdrawal of approval, and

(g) authorising the appropriate national authority to make available (with or without charge) information about courses and course providers.

30D Provisions supplementary to sections 30A to 30C

(1) The appropriate national authority may issue guidance to course providers, or to any category of course provider, as to the conduct of courses approved for the purposes of section 30A of this Act; and--

(a) course providers shall have regard to any guidance given to them under this subsection, and

(b) in determining for the purposes of section 30B of this Act whether any instructions or requirements of a course provider were reasonable, a court shall have regard to any guidance given to him under this subsection.

(2) The Secretary of State may by regulations make provision--

(a) amending section 30A(1)(c) of this Act by substituting for the lower number of penalty points for the time being specified there a different number of penalty points, or

(b) amending section 30A(6)(a) of this Act by substituting for the period for the time being specified there a different period.

(3) In sections 30A to 30C of this Act and this section--

"appropriate national authority" means (as respects Wales) the National Assembly for Wales and (otherwise) the Secretary of State;
"course provider", in relation to a course, means the person by whom it is, or is to be, provided;
"probationary period" has the meaning given in section 1 of the Road Traffic (New Drivers) Act 1995;
"proper officer" means--
(a)
in relation to a magistrates' court in England and Wales, the designated officer for the court, and
(b)
otherwise, the clerk of the court;
"relevant local court", in relation to an order made under section 30A of this Act in the case of an offender, means--
(a)
in England and Wales, a magistrates' court acting for the local justice area in which the offender resides, and
(b)
in Scotland, the sheriff court for the district where the offender resides or, where the order is made by a stipendiary magistrate and the offender resides within his commission area, the district court for that area; and
"supervising court", in relation to an order under section 30A of this Act, means--

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