Magistrates’ Courts Act 1980

90 Transfer of fines to Scotland or Northern Ireland. U.K.

(1) Where a magistrates’ court 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 [F1 (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 he is residing—

(a) within the jurisdiction of a court of summary jurisdiction in Scotland, or

(b) in any petty sessions district in Northern Ireland,

the court [F2 (or the fines officer as the case may be)] may order that payment of the sum shall be enforceable by that court of summary jurisdiction or, as the case may be, in that petty sessions district.

(2) An order under this section shall specify the court of summary jurisdiction by which or petty sessions district in which payment of the sum in question is to be enforceable; and if—

(a) that sum is more than £100 or is a fine originally imposed by the Crown Court or the sheriff court, and

(b) payment is to be enforceable in Scotland,

the court to be so specified shall be the sheriff court.

(3) Where an order is made under this section with respect to any sum, any functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by [F3 a magistrates' court in England and Wales or by the designated officer for that court, or by a fines officer] shall cease to be so exercisable.

[F4 (3A) The functions of the court [F5 under this Part of this Act] which shall cease to be exercisable by virtue of subsection (3) above shall be deemed to include the court’s power to apply to the Secretary of State under regulations made by him under section 24(1)(a) of the Criminal Justice Act 1991 (power to deduct fines from [F6 universal credit and] income support).]

[F7 (4) 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

F1 Words in s. 90(1) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 50(a)(i)

F2 Words in s. 90(1) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 50(a)(ii)

F3 Words in s. 90(3) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 50(b)

F4 S. 90(3A) inserted (E.W.) (3.2.1995) by 1994 c. 33, s. 47(2); S.I. 1995/127, art. 2(1), Sch. 1

F5 Words in s. 90(3A) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 50(b)

F6 Words in s. 90(3A) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 4(3)

F7 S. 90(4) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 1(4); S.I. 2023/1194, reg. 2(e)

Modifications etc. (not altering text)

C1 S. 90 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(b) (with reg. 3) (as amended (30.3.2005) by S.I. 2005/484, regs. 1(1)(a)(2), 2, 4, 6(3))

C2 S. 90(1) modified (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 86, 153; S.I. 2009/2606, art. 2(g)