Magistrates’ Courts Act 1980

89 Transfer of fine order. E+W

(1) Where a magistrates’ court [F1 in a local justice area] has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum and it appears to the court that the person is residing [F2 in England and Wales] , the court may make a transfer of fine order, that is to say, an order making payments enforceable in [F3 another local justice area] and that area shall be specified in the order.

(2) As from the date on which a transfer of fine order is made with respect to any sum, all functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order, or the [F4 designated officer for] that court, shall be exercisable by a court acting [F5 in the local justice area] specified in the order, or the [F4 designated officer for] that court, as the case may be, and not otherwise.

[F6 (2A) The functions of the court to which subsection (2) above relates shall be deemed to include the court’s power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the M1 Criminal Justice Act 1991 (power to deduct fines etc. from income support).]

[F7 (3) A court by which functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order may make a further transfer of fine order with respect to that sum.]

(4) In this section and sections 90 and 91 below, references to this Part of this Act do not include references to section 81(1) above.

Textual Amendments

F1 Words in s. 89(1) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(2)(a); S.I. 2005/910, art. 3(y)

F2 Words in s. 89(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(2)(b); S.I. 2005/910, art. 3(y)

F3 Words in s. 89(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(2)(c); S.I. 2005/910, art. 3(y)

F4 Words in s. 89(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(3)(a); S.I. 2005/910, art. 3(y)

F5 Words in s. 89(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(3)(b); S.I. 2005/910, art. 3(y)

F6 S. 89(2A) inserted (3.2.1995) by 1994 c. 33, s. 47(1); S.I. 1995/127, art. 2(1), Sch. 1

F7 S. 89(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(4); S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C1 S. 89 applied (with modifications) (temp.) (23.2.2004 and 29.3.2004 for certain purposes, otherwise 5.4.2004 until 31.3.2006) by The Fines Collection Regulations 2004 (S.I. 2004/176), regs. 1(3), 6(a) (with reg. 3) (as amended (30.3.2005) by S.I. 2005/484, regs. 1(1)(a)(2), 2, 4, 6)

Marginal Citations

M1 1991 c. 53.