31(1)Where under paragraph 29 above (as it applies in England and Wales or in Northern Ireland) a recognizance is entered into conditioned for the appearance of an appellant before [the Tribunal] , and it appears to [the Tribunal] , to be forfeited, [the Tribunal] may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as [the Tribunal] thinks fit.U.K.
(2)An order under this paragraph shall, for the purposes of this sub-paragraph, specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified.
(3)Where [the Tribunal] makes an order under this paragraph [the Tribunal] shall, as soon as practicable, give particulars of the recognizance to the [proper officer] of the court specified in the order in pursuance of sub-paragraph (2) above.
[(3A)In sub-paragraph (3) “proper officer” means—
(a)in relation to a magistrates’ court in England and Wales, the [designated officer] for the court; and
(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]
(4)Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the [purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being] due under a recognizance forfeited by such a court . . .
(5)Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations