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Changes over time for: Section 87
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Version Superseded: 01/07/1991
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Point in time view as at 01/02/1991. This version of this provision has been superseded.
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Changes to legislation:
Magistrates’ Courts Act 1980, Section 87 is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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87 Enforcement of payment of fines by High Court and county court.E+W
(1)Subject to the provisions of subsection (2) below, payment of a sum adjudged to be paid by a conviction of a magistrates’ court may be enforced by the High Court or a county court (otherwise than by issue of a writ of fieri facias or other process against goods or by imprisonment or attachment of earnings) as if the sum were due to the clerk of the magistrates’ court in pursuance of a judgment or order of the High Court or county court, as the case may be.
(2)Subsection (1) above shall not be construed as authorising the enforcement by a county court of payment of a fine exceeding the [county court limit].
[(2A)In subsection (2) above “the county court limit”means the amount which for the time being is the county court limit for the purposes of section 16 of the County Courts Act 1984 (money recoverable by statute).]
(3)The clerk of the magistrates’ court shall not take proceedings by virtue of subsection (1) above to recover any sum adjudged to be paid by a conviction of the court from any person unless authorised to do so by the court after an inquiry under section 82 above into that person’s means.
(4)Any expenses incurred by the clerk of a magistrates’ court in recovering any such sum shall be treated for the purposes of Part VI of the Justices of the Peace Act 1979 as expenses of the magistrates’ courts committee.
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