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Amendment of Principal Act
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6. The Principal Act is amended—
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(a) in section 33, by inserting after subsection (3C) (inserted by section 92 of the Act of 2010) the following:
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“(3D) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the person to be tested, when presenting for the test, produces a record of having completed any minimum period of driving experience prescribed under section 42(3) (h).
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(3E) If a record referred to in subsection (3D) is not produced in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.”,
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(b) in section 36(3) —
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(i) in paragraph (a), by deleting “the conviction and”, and
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(ii) in paragraph (c) (iv), by deleting “of the conviction and”,
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(c) in section 38, by inserting after subsection (7) the following:
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“(8) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion—
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(a) is committing, or has committed, an offence under subsection (1), and
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(b) is disqualified from holding a driving licence.”,
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and
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(d) in section 42(3) (inserted by section 10 of the Act of 2006), by substituting for paragraph (h) the following:
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“(h) the nature of and manner of conducting tests and the minimum period of driving experience to be completed and recorded by a person before he or she may undergo a test;”.
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