Section 293A — Children, Young Persons, and Their Families Act 1989: Disqualification from driving

293A Disqualification from driving (1) Where a charge against a young person is proved before a Youth Court, and the offence or the circumstances in which it was committed are such that a District Court would, on entering a conviction for that offence,— (a) Be empowered under section 124 of the Sentencing Act 2002 to make an order disqualifying the offender from holding or obtaining a driver's licence; or (b) Be required or empowered under the Land Transport Act 1998 to make an order disqualifying the offender from holding or obtaining a driver's licence; or (c) Be required to make an order under section 65 of the Land Transport Act 1998 requiring the offender to attend an Assessment Centre and disqualifying the person from holding or obtaining a driver's licence,— then the Youth Court may make such order (being an order of any of the kinds referred to in any of paragraphs (a) to (c) of this subsection) as would have been obligatory or could have been ordered under any of those sections if the young person were an adult and had been convicted of the offence in a Court other than a Youth Court. (2) Where a Youth Court makes an order pursuant to subsection (1)(a) of this section, the provisions of sections 124 to 126 of the Sentencing Act 2002 shall apply accordingly. (3) Subject to subsection (5) of this section, where a Youth Court makes an order pursuant to subsection (1)(b) or (c) of this section, Parts 5 to 7 of the Land Transport Act 1998 shall apply, so far as applicable and with any necessary modifications, as if the order had been made under that Act. (4) In determining, for the purposes of paragraph (b) or paragraph (c) of subsection (1) of this section, whether any order would have been obligatory or could have been ordered under any of the sections referred to in either of those paragraphs, a finding (whether made before or after the commencement of this section), by a Children and Young Persons Court or a Youth Court, that a young person is proved to have committed an offence referred to in section 32(1) or section 65(1) of the Land Transport Act 1998 (not being an offence in respect of which an order has been made under section 282 of this Act or section 35 of the Children and Young Persons Act 1974) shall be deemed to be a conviction for that offence. (5) Where a Youth Court makes an order pursuant to subsection (1)(c) of this section in respect of a young person, that young person shall not be required to pay the Assessment Centre fee payable under section 65(4) of the Land Transport Act 1998 in respect of that order unless the Youth Court, being satisfied that the young person has the capacity to pay that fee within a period of 12 months from the date on which the fee is payable, so orders. Section 293A was inserted, as from 1 April 1990, by section 35(3) Social Welfare (Transitional Provisions) Act 1990 (1990 No 26). Subsection (1)(a) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting “ section 124 of the Sentencing Act 2002 ” for “ section 83 of the Criminal Justice Act 1985 ” . See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Subsection (1)(b) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “ the Land Transport Act 1998 ” for “ section 30 or section 30AA or section 30AB of the Transport Act 1962 ” . Subsection (1)(c) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “ section 65 of the Land Transport Act 1998 ” for “ section 30A of the Transport Act 1962 ” . Subsection (2) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting “ sections 124 to 126 of the Sentencing Act 2002 ” for “ section 83 of the Criminal Justice Act 1985 ” . See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Subsection (3) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “ Parts 5 to 7 of the Land Transport Act 1998 ” for “ sections 30B to 30D and 33 to 41 of the Transport Act 1962 ” , and by omitting “ Part 6 of ” . Subsection (4) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “ section 32(1) or section 65(1) of the Land Transport Act 1998 ” for “ section 30AA(4) or section 30A(1)(a) of the Transport Act 1962 ” . Subsection (5) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting “ section 65(4) of the Land Transport Act 1998 ” for “ section 30B(1) of the Transport Act 1962 ” .