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Cyclists (Protective Headgear) Bill
Promotion of protective headgear
B I L L
Require people to wear protective headgear while riding cycles; to prescribe penalties for contraventions; and for connected purposes.
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
1. -(1) No person aged 16 years or over shall without reasonable excuse ride a cycle -
unless the person is wearing protective headgear of such description as is specified in regulations, in such manner as is so specified.
(2) No person who has responsibility for a child shall without reasonable excuse cause or permit the child to ride a cycle -
unless the child is wearing protective headgear of such description as is specified in regulations, in such manner as is so specified.
(3) A person has responsibility for a child if that person -
(4) A contravention of this section shall not be a crime.
2. -(1) The Department shall by regulations -
(2) Before making any regulations under this section the Department shall consult such representative organisations as it thinks fit.
3. -(1) Subject to section 6, a penalty charge is payable by a person who is issued with a penalty charge notice which has not ceased to have effect by virtue of section 8(7).
(2) The penalty charge payable in respect of a contravention of section 1 is £50.
(3) The Department may by order vary the amount of the penalty charge.
4. -(1) Where a constable has reason to believe that a person has committed a contravention of section 1 the constable may issue a penalty charge notice to the person who appears to the constable to have committed the contravention.
(2) Where a constable is prevented from issuing a penalty charge notice because the person to whom the notice should be given -
the police may issue a penalty charge notice produced by the constable.
(3) The police may commence proceedings for the summary recovery of the penalty charge if it is not paid within the relevant period.
(4) A penalty charge notice under this section shall state -
(5) In this section, “the relevant period” means -
5. -(1) A constable who issues a penalty charge notice under section 4 shall consult the Register within three days to determine whether the contravention in respect of which the notice was issued is a first contravention of this Act.
(2) If the notice so issued relates to a first contravention, the police shall, within one day of consulting the Register, notify the person to whom the penalty charge notice was issued -
6. Where a penalty charge notice is issued to a person for the first time, the requirement to pay the penalty charge in respect of that notice shall be waived if, within 28 days of the date of the penalty charge notice, the person to whom the notice has been issued produces at the police station specified in the notice -
7. -(1) The Police Service of Northern Ireland shall establish and maintain a register to be known as the Register of Penalty Charges.
(2) The Register shall record the following information -
(3) The Department may make regulations concerning the establishment and maintenance of the Register.
Appeal to an adjudicator
8. -(1) A person who is liable to pay a penalty charge under section 3 may by notice of appeal in writing served on the person prescribed in regulations made under section 10(3)(a) within 21 days of the date of the penalty charge notice, or such longer period as an adjudicator may allow, appeal to an adjudicator on any of the grounds specified in subsection (2).
(2) The grounds are -
(3) On an appeal under this section, the adjudicator shall consider the notice of appeal and any additional representations which are made by the appellant on any grounds stated in the notice.
(4) If the adjudicator concludes that any ground has been established the adjudicator shall accept the appeal.
(5) The adjudicator shall serve notice of the adjudicator’s decision on the appellant and the Police Service of Northern Ireland.
(6) Where a person appeals to an adjudicator in relation to a penalty charge notice, the requirement on the appellant to pay the penalty charge in respect of that penalty charge notice shall be suspended until the date on which the adjudicator’s decision is served under subsection (5).
(7) If the adjudicator accepts the appeal, the penalty charge notice which is the subject of the appeal shall cease to have effect on the date on which the adjudicator’s decision is served under subsection (5).
(8) If the adjudicator rejects the appeal the penalty charge shall be payable within 14 days of the date on which the adjudicator’s decision is served under subsection (5).
9. -(1) The Northern Ireland Judicial Appointments Commission shall appoint persons to act as adjudicators for the purposes of this Act.
(2) A person shall not be appointed as an adjudicator unless such person is a barrister or solicitor of at least five years’ standing.
(3) A person’s appointment as an adjudicator shall be for such term not exceeding five years as may be specified in such person’s instrument of appointment.
(4) An adjudicator shall hold and vacate office under the terms of the adjudicator’s instrument of appointment.
(5) An adjudicator may resign office by notice in writing to the Northern Ireland Judicial Appointments Commission.
(6) The Northern Ireland Judicial Appointments Commission may remove an adjudicator from office, but an adjudicator may only be so removed on the grounds of misbehaviour or inability to perform the functions of the office.
(7) An adjudicator who ceases to hold office otherwise than under subsection (6) is eligible for re-appointment.
10. -(1) The Department of Justice shall make regulations providing for the procedure to be followed in relation to proceedings before adjudicators.
(2) The regulations shall provide for any appeal to be disposed of at an oral hearing if the appellant so requests.
(3) The regulations may include provision -
(4) Subject to any provision made by the regulations, in any proceedings the procedure may be regulated by the adjudicator.
11. -(1) The Department of Justice shall -
(2) Subject to any regulations made under section 10(3)(h), the Department shall defray the costs of the adjudication process under this Act (including the remuneration of the adjudicators).
(3) An adjudicator shall provide the Department of Justice with such information on the discharge of the adjudicator’s functions under this Act as the Department of Justice may determine.
Promotion of protective headgear
12. -(1) The Department shall within six months of the date on which this section comes into operation prepare a programme of measures designed to raise public awareness of the provisions of this Act and to promote the wearing of protective headgear by cyclists.
(2) The Department shall secure that the programme prepared in accordance with subsection (1) -
13. -(1) Regulations and orders made under this Act shall be statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (NI 12).
(2) Regulations made under this Act shall be subject to negative resolution.
(3) An order made under section 3(3) shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly.
14. For the purposes of this Act, section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33) (service of documents) shall apply as if the word “registering” were omitted from subsection (1).
15. -(1) In this Act, unless the context otherwise requires -
(2) In this Act “within” a stated number of days means before the end of that number of days.
16. -(1) Section 12 shall come into operation on Royal Assent to this Act.
(2) Sections 2, 7, 9 to 11, 13 and 15 shall come into operation two years after Royal Assent to this Act.
(3) Sections 1, 3 to 6, 8 and 14 shall come into operation three years after Royal Assent to this Act.
17. This Act may be cited as the Cyclists (Protective Headgear) Act (Northern Ireland) 2011.