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Modifications etc. (not altering text)
C1Part 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.
C2Pt. III applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85, 153; S.I. 2009/2606, art. 2(f)
C4Pt. III modified (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 97(10)
(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.
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’s [F8under 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 M1Criminal Justice Act 1991 (power to deduct fines etc from [F9universal credit and] income support).]
[F10(3)A court [F11or 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.
[F12(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
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)
F9Words in s. 89(2A) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 4(2)
F10S. 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)
F11Words in s. 89(3) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 49(d)
F12S. 89(5) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 1(3); S.I. 2023/1194, reg. 2(e)
Modifications etc. (not altering text)
C5S. 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