89 Transfer of fine order.E+W
(1)Where a magistrates’ court [F1in 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 [F2, 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 [F3in England and Wales] , the court [F4or 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 [F5another local justice area] and that area shall be specified in the order.
[F6(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.] |
[F7(2A)The functions of the court to which subsection (2) above relates shall be deemed to include the court’ [F8under this Part of this Act] s power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the M1Criminal Justice Act 1991 (power to deduct fines etc. from income support).]
[F9(3)A court [F10or 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.
Textual Amendments
F1Words in s. 89(1) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(2)(a); S.I. 2005/910, art. 3(y)
F2Words in s. 89(1) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(a)(i)
F3Words in s. 89(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(2)(b); S.I. 2005/910, art. 3(y)
F4Words in s. 89(1) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(a)(ii)
F5Words in s. 89(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(2)(c); S.I. 2005/910, art. 3(y)
F6S. 89(2) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(b)
F7S. 89(2A) inserted (3.2.1995) by 1994 c. 33, s. 47(1); S.I. 1995/127, art. 2(1), Sch. 1
F8Words in s. 89(2A) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(c)
F9S. 89(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 225(4); S.I. 2005/910, art. 3(y)
F10Words in s. 89(3) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(d)
Modifications etc. (not altering text)
C1S. 89 applied (with modifications) (temp.) (23.2.2004 and 29.3.2004 for certain purposes, otherwise 5.4.2004 until 31.3.2006) by The Fines Collection Regulations 2004 (S.I. 2004/176), regs. 1(3), 6(a) (with reg. 3) (as amended (30.3.2005) by S.I. 2005/484, regs. 1(1)(a)(2), 2, 4, 6)
Marginal Citations