Part I—Introduction

Citation, commencement, duration, application and interpretation1

1

These Regulations may be cited as the Fines Collection Regulations 2004.

2

This Part of these Regulations shall come into force on 23rd February 2004, Parts II and III of these Regulations shall come into force—

a

on 23rd February 2004 in respect of the petty sessions areas specified in columns 1 and 3 of Part I of the Schedule to the Order;

b

on 29th March 2004 in respect of the petty sessions areas specified in columns 1 and 3 of Part II of the Schedule to the Order; and

c

on 5th April 2004 in respect of all other petty sessions areas in England and Wales,

and Part IV of these Regulations shall come into force on 29th March 2004.

3

These Regulations shall cease to have effect on 31st March 2005.

4

These Regulations apply to petty sessions areas in England and Wales to which the provisions of Schedule 5 have effect in accordance with the Collection of Fines (Pilot Schemes) Order 20042.

5

In these Regulations—

  • the Act” means the Courts Act 20033;

  • “approved clamping organisation” means an organisation approved by the Lord Chancellor, the members of which undertake clamping operations;

  • “charges due” means the charges referred to in regulation 18(2)(b) payable by P at the time in question;

  • “clamp” means an immobilisation device and related expressions shall be construed accordingly;

  • “clamping contractor” means a person authorised to undertake the clamping, removal and storage of vehicles by and in accordance with a contract (a “clamping contract”) with the Lord Chancellor or the justices' chief executive for a court, “the contractor” means the clamping contractor and “the contract” means the clamping contract;

  • “clamping notice” means an immobilisation notice;

  • “fine” means a sum adjudged to be paid mentioned in paragraph 1(1) of Schedule 5 and includes any increase, compensation and costs;

  • the Order” means the Collection of Fines (Pilot Schemes) Order 2004;

  • “Schedule 5” means Schedule 5 to the Act;

  • “vehicle” means a motor vehicle; and

  • “working day” means a day other than a Saturday or Sunday which is not a bank or other public holiday,

and, save where the context requires otherwise, a reference to clamping or storage includes release from clamping or, as the case may be, release from storage.

6

In these Regulations a reference to a numbered regulation is a reference to the regulation so numbered in these Regulations.