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 [F2 , or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be,] that the person is residing [F3 in England and Wales] , the court [F4 or the fines officer, as the case may be,] may make a transfer of fine order, that is to say, an order making payments enforceable in [F5 another local justice area] and that area shall be specified in the order.

[F6 (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 or under Schedule 5 to the Courts Act 2003 relating to that sum which, if no order had been made, would have been exercisable by any court or person mentioned in column 1 of the Table below shall be exercisable by the court or person mentioned in the corresponding entry in column 2, and not otherwise.

Table

Column 1	Column 2
(A) The court which made the order. (B) A court acting in the same local justice	In either case, a court acting in the local justice area specified in the order.
area as was the fines officer who made the
The designated officer for the court mentioned in the row above.	The designated officer for the court mentioned in the row above.
(A) The fines officer who made the order. (B) A fines officer acting in the same local justice area as was the court which made the order.	In either case, a fines officer acting in the local justice area specified in the order.]

[F7 (2A) The functions of the court to which subsection (2) above relates shall be deemed to include the court’s [F8 under this Part of this Act] 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 [F9 universal credit and] income support).]

[F10 (3) A court [F11 or a fines officer, as the case may be, by which or whom] 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.

[F12 (5) When this section applies to a sum payable by virtue of a conviction under section 16H—

(a) a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and

(b) the power in subsection (1) may be exercised by any fines officer.]

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) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(a)(i)

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)(b); S.I. 2005/910, art. 3(y)

F4 Words in s. 89(1) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(a)(ii)

F5 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)

F6 S. 89(2) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(b)

F7 S. 89(2A) inserted (3.2.1995) by 1994 c. 33, s. 47(1); S.I. 1995/127, art. 2(1), Sch. 1

F8 Words in s. 89(2A) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(c)

F9 Words in s. 89(2A) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 4(2)

F10 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)

F11 Words in s. 89(3) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(d)

F12 S. 89(5) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 1(3); S.I. 2023/1194, reg. 2(e)

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.