89 Transfer of fine order.E+W
(1)Where a magistrates’ court [in a local justice area] has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum and it appears to the court [, or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be,] that the person is residing [in England and Wales] , the court [or the fines officer, as the case may be,] may make a transfer of fine order, that is to say, an order making payments enforceable in [another local justice area] and that area shall be specified in the order.
[(2)As from the date on which a transfer of fine order is made with respect to any sum, all functions under this Part of this Act or under Schedule 5 to the Courts Act 2003 relating to that sum which, if no order had been made, would have been exercisable by any court or person mentioned in column 1 of the Table below shall be exercisable by the court or person mentioned in the corresponding entry in column 2, and not otherwise.
Table
Column 1 | Column 2 |
---|
(A) The court which made the order.
(B) A court acting in the same local justice
| In either case, a court acting in the local justice area specified in the order.
|
area as was the fines officer who made the | |
The designated officer for the court mentioned in the row above. | The designated officer for the court mentioned in the row above. |
(A) The fines officer who made the order.
(B) A fines officer acting in the same local justice area as was the court which made the order.
| In either case, a fines officer acting in the local justice area specified in the order.]
|
[(2A)The functions of the court to which subsection (2) above relates shall be deemed to include the court’s [under this Part of this Act] power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the Criminal Justice Act 1991 (power to deduct fines etc from [universal credit and] income support).]
[(3)A court [or a fines officer, as the case may be, by which or whom] functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order may make a further transfer of fine order with respect to that sum.]
(4)In this section and sections 90 and 91 below, references to this Part of this Act do not include references to section 81(1) above.
[(5)When this section applies to a sum payable by virtue of a conviction under section 16H—
(a)a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and
(b)the power in subsection (1) may be exercised by any fines officer.]
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations