F1PART IVAFINANCIAL PENALTY DEPOSITS
Making of payment in compliance with requirement91D
1
This Article applies where a person on whom a financial penalty deposit requirement is imposed in respect of an offence makes a payment of the appropriate amount in accordance with Article 91C(1) (and any order made under it).
2
On payment by the person of the appropriate amount the person by whom the payment is received must issue him with a written receipt for the payment specifying the effect of the following provisions of this Article.
3
In a case where–
a
a fixed penalty notice relating to the offence has been given to the person;
b
the person does not give notice requesting a hearing in respect of the offence before the end of the relevant period in the manner specified in the fixed penalty notice; and
c
proceedings are not brought in respect of the offence by virtue of this Order;
paragraph (4) applies.
4
Where this paragraph applies, the Department must–
a
apply so much of the payment as does not exceed the amount of the fixed penalty in or towards payment of the fixed penalty; and
b
take the appropriate steps to make any appropriate refund to the person.
5
In any other case–
a
if the person is informed that he is not to be prosecuted for the offence, is acquitted of the offence or is convicted but not fined in respect of it, or the prosecution period comes to an end without a prosecution having been commenced against him in respect of it, paragraph (7) applies; and
b
if a fine is imposed on the person in respect of the offence (otherwise than as a result of a conviction obtained on a prosecution commenced after the end of the prosecution period), paragraph (8) applies.
6
In this Part, “the prosecution period” means the period of 12 months beginning with the imposition of the financial penalty deposit requirement or, if shorter, any period after which no prosecution may be commenced in respect of the offence.
7
Where this paragraph applies, the Department must take the appropriate steps to make the appropriate refund to the person.
8
Where this paragraph applies, the Department must–
a
apply so much of the payment as does not exceed the amount of the fine in or towards payment of the fine; and
b
take the appropriate steps to make any appropriate refund to the person.
9
Where the Department is required by this Article to take the appropriate steps to make an appropriate refund, it must take such steps to trace the person and to make the refund to him, by such means, as are specified in an order made by the Department.
10
In this Part “the appropriate refund”, in any case, is a refund of–
a
where paragraph (4) applies, so much of the payment as exceeds the amount of the fixed penalty;
b
where paragraph (7) applies, the amount of the payment; and
c
where paragraph (8) applies, so much of the amount of the payment as exceeds the amount of the fine;
together with interest calculated in accordance with provision made by order made by the Department of Finance and Personnel.
Pt. IVA (arts. 91A-91F) inserted (23.4.2012) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 12(1); S.R. 2012/16, art. 2, Sch.