Procedure where a fixed penalty notice has not been paidN.I.
Registration certificatesN.I.
30.—(1) This regulation and regulation 31 apply where by virtue of regulation 29 the enhanced sum may be registered under regulation 31 for enforcement against any person as a fine.
(2) In this regulation and regulation 31—
(a)that sum is referred to as a “sum payable in default”, and
(b)the person against whom that sum may be so registered is referred to as the “defaulter”.
(3) The Chief Constable or an immigration officer—
(a)may, in respect of any sum payable in default, issue a certificate (a “registration certificate”) stating that the sum is registrable under regulation 31 for enforcement against the defaulter as a fine; and
(b)must cause any certificate so issued to be sent to the clerk of petty sessions.
(4) The Chief Constable may authorise a person to carry out the functions of the Chief Constable under paragraph (3).
(5) A registration certificate must—
(a)give particulars of the offence to which the penalty notice relates; and
(b)state the name and last known address of the defaulter and the amount of the sum payable in default.
Registration of penaltyN.I.
31.—(1) Where the clerk of petty sessions receives a registration certificate in respect of any sum payable in default, the clerk must register that sum for enforcement as a fine by entering it in the Order Book of a court of summary jurisdiction.
(2) On registering any sum under this regulation for enforcement as a fine, the clerk of petty sessions must give to the defaulter notice of registration—
(a)specifying the amount of that sum and requiring payment of it by such date, not less than 28 days from the date of registration, as may be specified in the notice, and
(b)giving the information with respect to the offence included in the registration certificate by virtue of regulation 30(5)(a).
(3) On the registration of any sum in the Order Book of a court of summary jurisdiction by virtue of this regulation, any statutory provision referring (in whatever terms) to a fine imposed or a sum adjudged to be paid on a conviction of such court is to have effect in the case in question as if the sum so registered were a fine imposed by that court on the conviction of the defaulter on the date of the registration.
(4) The clerk of petty sessions must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016 M1, and the order may be made without a court hearing.
(5) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under paragraph (2)(a).
Marginal Citations
Challenge to noticeN.I.
32.—(1) This regulation applies where—
(a)a person who has received notice of the registration of a sum under regulation 31 for enforcement against that person as a fine makes a statutory declaration to the effect mentioned in paragraph (2), and
(b)that declaration is, within 21 days of the date on which the person making it received notice of the registration, served on the clerk of petty sessions.
(2) The statutory declaration must state—
(a)that the person making the declaration was not the person to whom the relevant fixed penalty notice was given, or
(b)that the person gave notice requesting to be tried in respect of the alleged offence as permitted by the fixed penalty notice before the end of the period of 28 days following the date of the fixed penalty notice.
(3) In any case within paragraph (2)(a), the relevant fixed penalty notice, the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered are void.
(4) In any case within paragraph (2)(b)—
(a)the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered are void, and
(b)the case is to be treated after the declaration is served as if the person making the declaration had given notice requesting to be tried in respect of the alleged offence as stated in the declaration.
(5) References in this regulation to the relevant fixed penalty notice are to the fixed penalty notice relating to the penalty concerned.
(6) In any case within paragraph (2)(b), Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981 M2 (limitation of time) has effect as if for the reference to the time when the offence was committed there were substituted a reference to the date of the statutory declaration made for the purposes of paragraph (1).
(7) Paragraph (8) applies where, on the application of a person who has received notice of the registration of a sum under regulation 31 for enforcement against that person as a fine, it appears to a court of summary jurisdiction that it was not reasonable to expect that person to serve, within 21 days of the date on which that person received the notice, a statutory declaration to the effect mentioned in paragraph (2).
(8) The court may accept service of such a declaration by that person after that period has expired; and a statutory declaration so accepted is to be taken to have been served as required by paragraph (1).
(9) In this regulation references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum (including the making of a collection order).
(10) For the purposes of this regulation, a person is to be taken to receive notice of the registration of a sum under regulation 31 for enforcement against that person as a fine when that person receives notice either of the registration as such or of any proceedings for enforcing payment of the sum registered.
(11) Nothing in this regulation is to be read as prejudicing any rights a person may otherwise have by virtue of the invalidity of any action purportedly taken under these Regulations which is not in fact authorised by these Regulations in the circumstances of the case.
(12) Accordingly, references in this regulation to the registration of any sum or to any other action taken under these Regulations are not to be read as implying that the registration or action was validly made or taken.
Marginal Citations
Setting aside of sum enforceable under regulation 31N.I.
33.—(1) A court of summary jurisdiction may, in the interests of justice, set aside a sum enforceable as a fine as a result of regulation 31.
(2) Where a court sets aside such a sum, it must give a direction that either—
(a)no further action is to be taken in respect of 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 in respect of the offence.
(3) Where a court gives a direction under paragraph (2)(a), the fixed penalty notice concerned, the registration and any proceedings taken for enforcing payment of the sum registered are void.
(4) Where a court gives a direction under paragraph (2)(b)—
(a)the registration and any proceedings taken for enforcing payment of the sum registered are void; and
(b)Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time) has 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 sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum (including the making of a collection order).