Magistrates’ Courts Act 1980

Changes over time for: Section 91

Version Superseded: 01/12/2020

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91 Transfer of fines from Scotland or Northern Ireland. U.K.

(1)Where a transfer of fine order under section 403 of the M1Criminal Procedure (Scotland) Act 1975 or [F1Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981] provides that payment of a sum shall be enforceable [F2by a magistrates' court in England and Wales, a magistrates' court [F3(or a fines officer as the case may be)] acting in the area in which the person subject to the order resides,] and the [F4designated officer for] that court, shall, subject to the provisions of this section, have all the like functions under this Part of this Act [F5(or under Schedule 5 to the Courts Act 2003 as the case may be)] in respect of the sum (including power to make an order under section 89 or section 90 above) as if the sum were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1975 or, as the case may be, [F6the said Order of 1981] in respect of the sum before the making of the transfer of fine order had been made by that court.

(2)For the purpose of determing the period of imprisonment which may be imposed under this Act in default of payment of a fine originally imposed by a court in Scotland, Schedule 4 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 407 of the M2Criminal Procedure (Scotland) Act 1975.

(3)Where a transfer of fine order under section 403 of the M3Criminal Procedure (Scotland) Act 1975 or [F7Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981]provides for the enforcement [F8by a magistrates' court] in England and Wales of a fine originally imposed by the Crown Court, a magistrates’ court [F9(or a fines officer as the case may be)][F10acting in the area in which the person subject to the order resides] shall have all the like functions under this Part of this Act [F11(or under Schedule 5 to the Courts Act 2003 as the case may be)] , exercisable subject to the like restrictions, as if it were the magistrates’ court by which payment of the fine fell to be enforced by virtue of [F12section 140(1) of the M4Powers of Criminal Courts (Sentencing)Act 2000][F13(or as if he were a fines officer acting in the same local justice area as that court as the case may be)] , and as if any order made under the said Act of 1975 or, as the case may be, [F14the said Order of 1981] in respect of the fine before the making of the transfer of fine order had been made by that court.