C2C3C4C5Part III Satisfaction and Enforcement

Annotations:
Modifications etc. (not altering text)
C2

Part III (ss. 75–96) modified: (E.W.) by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(4)(6); by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(5)(6), 123(6), Sch. 8 para. 16; (3.2.1995) by 1994 c. 37, ss. 9(4)(6), 69(2) (with s. 66(2))

Part III (ss. 75-96) extended (1.9.1994) by 1994 c. 22, ss. 32(3)(a), 41(3)(a), 66(1)

Part III (ss. 75-96) applied (with modifications) (24.3.2003) (E.W.) by 2002 c. 29, ss. 35(3), 458(1)(3); S.I. 2003/333, art. 2 Sch.

Sums adjudged to be paid by a conviction

C189 Transfer of fine order.

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.

F62

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.

F72A

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).

F93

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.