MERS situation update: July 2023

has committed a sexual offence (whether or not the person was charged with, prosecuted for or convicted of the offence);

has harassed another person;

has caused physical or psychological harm to another person;

has committed an offence that involves a risk of causing physical or psychological harm to another person (whether or not the person was charged with, prosecuted for or convicted of the offence);

has committed an offence under section 165, 168 or 170 of the Equality Act 2010 (whether or not the person was charged with, prosecuted for or convicted of the offence);

has done anything that, for the purposes of the Equality Act 2010, constitutes unlawful discrimination or victimisation against another person;

has threatened, abused or insulted another person;

poses a risk to road safety when driving;

may be unsuitable to hold a driver’s licence for other reasons relating to—

attempt to commit the offence;

conspiracy to commit the offence;

aiding, abetting, counselling or procuring the commission of the offence;

incitement to commit the offence;

an offence under Part 2 of the Serious Crimes Act 2007 in relation to the offence.

an offence under any of sections 1 to 12 and 14 to 17 of the Sexual Offences Act 1956 (rape, unlawful intercourse, indecent assault, forcible abduction etc);

an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc);

an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);

an offence under section 9 of the Theft Act 1968 of burglary with intent to rape;

an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest);

an offence under Part 1 of the Sexual Offences Act 2003;

an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

to refuse the person’s application for a driver’s licence,

to refuse the person’s application for the renewal of a driver’s licence,

to suspend the person’s driver’s licence, or

to revoke the person’s driver’s licence.

make an entry recording the decision, and the information listed in subsection (4), in the licensing information database,

ensure (whether by amending, removing or reinstating it) that the entry is kept up-to-date so as to reflect any subsequent change made to the decision— during the period of 11 years beginning with the day on which the entry is first made, and

keep a record of the relevant information and the decision until the end of the period referred to in paragraph (b).

the person’s full name, date of birth, home address and national insurance number;

if the person holds a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988, the driver number shown on the licence;

if the person holds a Northern Ireland driving licence, the driver number shown on the licence;

if the person holds a Community licence, the number of the licence;

the name of the licensing authority and details of how further information about the decision can be obtained from the authority;

the date on which the decision was made and (if different) the date on which it takes effect;

the date on which any subsequent change to the decision was made and (if different) the date on which it takes effect;

if the decision is to suspend the person’s driver’s licence for a period, the date on which the suspension is to end;

such other information as the Secretary of State may by regulations made by statutory instrument prescribe.

comply with subsection (2)(a) within the period of 5 working days beginning with the day on which the licensing authority notifies the person of its decision, and

comply with subsection (2)(b) as soon as practicable after becoming aware of the change in question.

the decision-making authority must make a request in writing to the recording authority for the relevant information on which the recording authority relied when making the decision recorded in the entry, and

the recording authority must provide the information within the period of 20 working days beginning with the day on which it receives the request.

the recording authority must inform the decision-making authority of—

the decision-making authority must have regard to the information received under paragraph (a) when making the decision referred to in subsection (1) (if the decision still falls to be made).

by a person designated by the Secretary of State, or

where no such person is designated, by, or on behalf of, the Secretary of State.

may contain conditions to which it is subject, and

may be varied or withdrawn by the Secretary of State.

every licensing authority, relevant authority and the Department for Infrastructure in Northern Ireland are, subject to subsection (4), able to search the database, make entries in it and amend, remove and reinstate entries that it has made,

every entry made in the database in accordance with section 2 is removed from the database at the end of the period of 11 years beginning with the day on which it is first made, and

the information contained in the database is disclosed only for the purposes of ensuring—

an English licensing authority (“the first authority”) becomes aware of relevant information relating to a person who has driven in the first authority’s area in reliance on a driver’s licence or a relevant licence granted by another licensing authority or a relevant authority (“the second authority”),

the information relates to the person’s conduct in the first authority’s area, and

the first authority is satisfied that, had it granted the licence, it would have considered suspending or revoking it in reliance on the information.

the relevant information, and

any other information of which it is aware which is relevant to identifying the person,

a licence granted by a district council in Wales under section 51 of the Local Government (Miscellaneous Provisions) Act 1976;

a taxi driver’s licence or private hire car driver’s licence under section 13 of the Civic Government (Scotland) Act 1982.

receives information from another licensing authority (“authority B”) under section 5 relating to a person who has driven in authority B’s area in reliance on a driver’s licence granted by authority A, or

receives information of a similar nature from a relevant authority (“authority C”) relating to a person who has driven in authority C’s area in reliance on a driver’s licence granted by authority A.

consider whether to suspend or revoke the person’s driver’s licence in reliance on—

inform authority B or authority C (as the case may be) in writing—

in the case of Transport for London, to Greater London;

in any other case, to the area for which the authority acts.

section 1,

the power of the Secretary of State to make regulations under section 2,

the powers of the Secretary of State to issue, revise and arrange for the publication of guidance under section 7(1) to (3),

section 8, and

this section.

the powers of the Secretary of State to make, vary and withdraw a designation under section 4,

sections 5 and 6, and

section 7 (so far as not already in force under subsection (2)).

may appoint different days for different purposes, and

may make transitional, transitory or saving provision.