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–

    1. a

      section 302 of the 1995 Act; or

    2. b

      section 75(5) of the 1988 Act;

  • “fixed penalty clerk” means, as the case may be–

    1. a

      a fixed penalty clerk within the meaning of section 69(4) of the 1988 Act;

    2. b

      a fixed penalty clerk within the meaning of section 75(6) of the 1988 Act;

    3. c

      a clerk of court who has been specified in a conditional offer made under section 302 of the 1995 Act; or

    4. d

      a clerk of court who has been specified in a fixed penalty notice issued under Part 11 of the 2004 Act;

  • “fixed penalty notice” means, as the case may be–

    1. a

      a fixed penalty notice within the meaning of Part 3 of the 1988 Act; or

    2. b

      a fixed penalty notice within the meaning of Part 11 of the 2004 Act;

  • “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.