The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2021

Setting aside of sum enforceable under regulation 26

28.—(1) A court of summary jurisdiction may, in the interests of justice, set aside a default amount enforceable as a fine under regulation 26.

(2) Where a court sets aside a default amount, it must give a direction that either—

(a) no further action is to be taken for the alleged offence that gave rise to the fixed penalty notice concerned; or

(b) that the case is to be treated as if the person concerned had given notice requesting to be tried for that offence.

(3) Where a court gives a direction under paragraph (2)(a), the following shall be void—

(a) the fixed penalty notice concerned;

(b) the registration of the default amount under regulation 26; and

(c) any proceedings taken for enforcing its payment.

(4) Where a court gives a direction under paragraph (2)(b)—

(a) the following shall be void—

(i) the registration of the default amount under regulation 26; and

(ii) any proceedings taken for enforcing its payment; and

(b) Article 19(1)(a) of the Magistrates’ Courts (Northern Ireland) Order 1981 (limitation of time) shall have effect as if for the reference to the time when the offence was committed there were substituted a reference to the date of the setting aside.

(5) In this regulation references to proceedings for enforcing payment of the default amount are references to any process issued or other proceedings taken for or in connection with enforcing payment of that amount (including the making of a collection order).