The Fines Collection Regulations 2004

Citation, commencement, duration, application and interpretation

1.—(1) These Regulations may be cited as the Fines Collection Regulations 2004.

(2) This Part of these Regulations shall come into force on 23rd February 2004, Parts II and III of these Regulations shall come into force—

(a) on 23rd February 2004 in respect of the petty sessions areas specified in columns 1 and 3 of Part I of the Schedule to the Order;

(b) on 29th March 2004 in respect of the petty sessions areas specified in columns 1 and 3 of Part II of the Schedule to the Order; and

(c) on 5th April 2004 in respect of all other petty sessions areas in England and Wales,

and Part IV of these Regulations shall come into force on 29th March 2004.

(3) These Regulations shall cease to have effect on 31st March 2005.

(4) These Regulations apply to petty sessions areas in England and Wales to which the provisions of Schedule 5 have effect in accordance with the Collection of Fines (Pilot Schemes) Order 2004(1).

(5) In these Regulations—

“the Act” means the Courts Act 2003(2);

“approved clamping organisation” means an organisation approved by the Lord Chancellor, the members of which undertake clamping operations;

“charges due” means the charges referred to in regulation 18(2)(b) payable by P at the time in question;

“clamp” means an immobilisation device and related expressions shall be construed accordingly;

“clamping contractor” means a person authorised to undertake the clamping, removal and storage of vehicles by and in accordance with a contract (a “clamping contract”) with the Lord Chancellor or the justices' chief executive for a court, “the contractor” means the clamping contractor and “the contract” means the clamping contract;

“clamping notice” means an immobilisation notice;

“fine” means a sum adjudged to be paid mentioned in paragraph 1(1) of Schedule 5 and includes any increase, compensation and costs;

“the Order” means the Collection of Fines (Pilot Schemes) Order 2004;

“Schedule 5” means Schedule 5 to the Act;

“vehicle” means a motor vehicle; and

“working day” means a day other than a Saturday or Sunday which is not a bank or other public holiday,

and, save where the context requires otherwise, a reference to clamping or storage includes release from clamping or, as the case may be, release from storage.

(6) In these Regulations a reference to a numbered regulation is a reference to the regulation so numbered in these Regulations.

(1)

S.I. 2004/175.

(2)

Schedule 5 to the Courts Act 2003 is modified by the Collection of Fines (Pilot Schemes) Order 2004 (S.I. 2004/175).