Statutory Rules of Northern Ireland

2020 No. 240 (C. 7)

Road Traffic And Vehicles

The Road Traffic (Amendment) (2016 Act) (Commencement No. 2) Order (Northern Ireland) 2020

Made

5th November 2020

The Department for Infrastructure(1) makes the following Order in exercise of the powers conferred by section 26(1) of the Road Traffic (Amendment) Act (Northern Ireland) 2016(2) and vested in it(3).

Citation

1.  This Order may be cited as the Road Traffic (Amendment) (2016 Act) (Commencement No. 2) Order (Northern Ireland) 2020.

Appointed Day

2.  The day appointed for the coming into operation of the provisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016, specified in the Schedule, shall be 9th November 2020.

Sealed with the Official Seal of the Department for Infrastructure on 5th November 2020

Legal seal

Chris Hughes

A senior officer of the

Department for Infrastructure

Article 2

SCHEDULE Provisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016 coming into operation on the 9th November 2020

Provisions of the Act Subject Matter
Section 6 Choice of specimens

EXPLANATORY NOTE

(This note is not part of the Order)

This order brings into operation on the 9th November 2020 the provisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016 specified in the Schedule.

Section 6 amends Article 19 (choice of specimens of breath) of the Road Traffic (Northern Ireland) Order 1995(4) by removing the option (commonly called ‘the statutory option') whereby a driver had a right to opt for a blood or urine specimen to replace a breath specimen indicating the proportion of alcohol in their breath if their breath test was marginally over the prescribed limit.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016 have been brought into operation by a Commencement Order made before the date of this Order:

Provision Date of Commencement S.R. No.
Sections 3, 4 and 21 25th November 2016 2016 No. 399 C. 31
(1)

Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved

(3)

See Article 8(1)(b) of, and Part 2 of Schedule 5 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)