Road Traffic Fixed Penalties (Enforcement of Fines) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations are made under Part IV of the Road Traffic Offenders (Northern Ireland) Order 1996 which makes provision for a new fixed penalty scheme to be introduced in respect of road traffic offences in Northern Ireland and, in particular, for unpaid fixed penalties to be registered as sums adjudged to be paid by a conviction of a court of summary jurisdiction.

These Regulations prescribe the procedure to be followed on the registration of such sums and prescribe the Notice of Registration of the sum as a sum adjudged to be paid by conviction of a court of summary jurisdiction which must be sent to the person defaulting on payment of the fixed penalty under Article 76(2) of the Road Traffic Offenders (Northern Ireland) Order 1996 and Regulation 3(2)(b) of these Regulations.

In respect of persons other than bodies corporate, Regulation 4 and 5 prescribe that upon complaint for non-payment of such a sum a summons or warrant of arrest may be issued for the appearance of the person defaulting on payment of the sum at a court of summary jurisdiction. Under Regulation 7 (which prescribes the procedure at the hearing of such a complaint) the court may make such order as it sees fit under the provisions of the Magistrates' Courts (Northern Ireland) Order 1981 relating to the satisfaction and enforcement of such sums as modified by Regulation 8.

Regulation 6 prescribes that in respect of such a sum registered against a body corporate a court may make any order it would have power to make in respect of the satisfaction and enforcement of such a sum under the provisions of the Magistrates' Courts (Northern Ireland) Order 1981 as modified by paragraph (3) of that Regulation.

Regulation 9 provides for the remittal of such sums by the court in certain circumstances.

Regulation 10 grants a right of appeal against any order of a court in respect of the enforcement of such a sum.

Regulation 11 permits the service of documents under the Regulations by ordinary post.

Regulation 12 permits members of the Northern Ireland Court Service designated by the Lord Chancellor for that purpose to prosecute and conduct proceedings under the Regulations although not of counsel or a solicitor.