Criminal Justice Act 1988

62 Fines on companies. E+W

(1) The following section shall be inserted after section 87 of the M1 Magistrates’ Courts Act 1980—

“87A Fines imposed on companies.

(1) Where—

(a) a magistrates’ court has, or is treated by any enactment as having, adjudged a company by a conviction to pay a sum; and

(b) the court has issued a warrant of distress under section 76(1) above for the purpose of levying the sum; and

(c) it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the sum with the costs and charges of levying the same,

the clerk of the court may make an application in relation to the company under section 9 or 124 of the Insolvency Act 1986 (administration or winding up).

(2) Any expenses incurred under subsection (1) above by the clerk of a magistrates’ court shall be treated for the purposes of Part VI of the Justices of the Peace Act 1979 as expenses of the magistrates’ courts committee.”.

(2) The words “ or by the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on companies) ” shall be inserted—

[F1 (a) before the words “or by all" in section 9(1) of the Insolvency Act 1986;]

(b) after the word “contributories" in section 124(1) of that Act.

Textual Amendments

F1 S. 62(2)(a) repealed (15.9.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/2093, art. 2(1), Sch. 1 (subject to art. 2(2))

Marginal Citations

M1 1980 c. 43.