Incidental, consequential and transitional provisions in relation to certain fixed penalties and conditional offers6
1
The clerk of a relevant district court must transfer to the clerk of the appointed JP court such records, productions and other documents relating to any conditional offer or fixed penalty notice.
2
The clerk of the appointed JP court–
a
shall act as the fixed penalty clerk for the purpose of any conditional offer or fixed penalty notice in which the clerk of a relevant district court was the fixed penalty clerk; and
b
shall exercise the functions of a fixed penalty clerk in relation to the disposal of any such offer or notice.
3
Where paragraph (2)(a) applies, anything done by the clerk of a relevant district court, in the capacity of fixed penalty clerk, shall be treated as if done by the clerk of the appointed JP court acting in that capacity.
4
A notice requesting a hearing, sent to a relevant district court or the clerk of a relevant district court, shall be treated as if sent to the clerk of the appointed JP court.
5
In this article–
“the appointed JP court” means the JP court which the sheriff principal determines is the appointed JP court (under section 66(5) of the 2007 Act) in relation to a relevant district court;
“conditional offer” means, as the case may be, a conditional offer within the meaning of–
- a
section 302 of the 1995 Act; or
- b
section 75(5) of the 1988 Act;
- a
“fixed penalty clerk” means, as the case may be–
- a
a fixed penalty clerk within the meaning of section 69(4) of the 1988 Act;
- b
a fixed penalty clerk within the meaning of section 75(6) of the 1988 Act;
- c
a clerk of court who has been specified in a conditional offer made under section 302 of the 1995 Act; or
- d
a clerk of court who has been specified in a fixed penalty notice issued under Part 11 of the 2004 Act;
- a
“fixed penalty notice” means, as the case may be–
- a
a fixed penalty notice within the meaning of Part 3 of the 1988 Act; or
- b
a fixed penalty notice within the meaning of Part 11 of the 2004 Act;
- a
“a notice requesting a hearing” has the same meaning as in section 89(2) of the 1988 Act; and
“relevant district court” means a district court disestablished by this Order.