Air Traffic Management and Unmanned Aircraft Act 2021

Registration of fixed penalty: document sent to designated officer in England and Wales U.K.

9 (1) Where the designated officer for a local justice area (D) receives a registration document in respect of the penalty specified in a fixed penalty notice given to a person (P) the registration document must be dealt with in accordance with this paragraph. U.K.

(2) That duty applies whether D receives the registration document under paragraph 8, this paragraph or paragraph 10 or 11.

(3) If it appears to D that P resides in the local justice area for which D is the designated officer, D must register the amount of the penalty as a fine in that area by entering it in the register of a magistrates' court acting in that area.

(4) If it appears to D that P resides in any other local justice area in England and Wales, D must send the registration document to the designated officer for that area.

(5) If it appears to D that P resides in Scotland, D must send the registration document to the clerk of a court of summary jurisdiction for the area in which P appears to D to reside.

(6) If it appears to D that P resides in Northern Ireland, D must send the registration document to the clerk of petty sessions.

(7) If the registration document is not dealt with under any of sub-paragraphs (3) to (6), it must be dealt with under sub-paragraphs (8) to (11).

(8) If the fixed penalty offence was committed in the local justice area for which D is the designated officer, D must register the amount of the penalty as a fine in that area by entering it in the register of a magistrates' court acting in that area.

(9) If the fixed penalty offence was committed in any other local justice area in England and Wales, D must send the registration document to the designated officer for that area.

(10) If the fixed penalty offence was committed in Scotland, D must send the registration document to the clerk of a court of summary jurisdiction for the area in which the offence was committed.

(11) If the fixed penalty offence was committed in Northern Ireland, D must send the registration document to the clerk of petty sessions.

(12) If D registers the amount of the penalty as a fine under this paragraph, D must give P notice of the registration.

(13) The notice must—

(a) specify the amount of the penalty registered, and

(b) give the information with respect to the fixed penalty offence, and the authority for registration, which was included in the registration document under paragraph 7.

(14) On the registration of the amount of the penalty as a fine under this paragraph, any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of a magistrates' court is to have effect in the case in question as if the amount so registered were a fine imposed by the magistrates' court on the conviction of P on the date of the registration.

(15) Accordingly, in the application by virtue of this paragraph of the provisions of the Magistrates' Courts Act 1980 relating to the satisfaction and enforcement of sums adjudged to be paid on the conviction of a magistrates' court, section 85 of that Act (power to remit a fine in whole or in part) is not excluded by subsection (2) of that section (references in that section to a fine not to include any other sum adjudged to be paid on a conviction) from applying to a sum registered in a magistrates' court by virtue of this paragraph.

Commencement Information

I1 Sch. 10 para. 9 in force at 29.4.2021 for specified purposes, see s. 21(1)(a)

I2 Sch. 10 para. 9 in force at 29.6.2021 in so far as not already in force by S.I. 2021/748, reg. 2(l)