Modifications etc. (not altering text)
C1Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)
Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)
C2Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2
(1)This section and section 71 of this Act apply where by virtue of section 55(3) or 64(2) of this Act a sum determined by reference to the fixed penalty for any offence may be registered under section 71 of this Act for enforcement against any person as a fine.
In this section and section 71 of this Act—
(a)that sum is referred to as a “sum payable in default”, and
(b)the person against whom that sum may be so registered is referred to as the “defaulter”.
(2)Subject to subsection (3) below, the chief officer of police may in respect of any sum payable in default issue a certificate (referred to in this section and section 71 as a “registration certificate”) stating that the sum is registrable under section 71 for enforcement against the defaulter as a fine.
(3)Where the fixed penalty notice in question was given to the defaulter under section 54 in respect of an offence committed in Scotland—
(a)subsection (2) above does not apply, but
(b)the fixed penalty clerk must, unless the defaulter appears to him to reside within the jurisdiction of the court of summary jurisdiction of which he is himself the clerk, issue a registration certificate in respect of the sum payable in default.
(4)Where the chief officer of police or the fixed penalty clerk issues a registration certificate under this section, he must—
(a)if the defaulter appears to him to reside in England and Wales, cause it to be sent to the [F1designated officer for the local justice] area in which the defaulter appears to him to reside, and
(b)if the defaulter appears to him to reside in Scotland, cause it to be sent to the clerk of a court of summary jurisdiction for the area in which the defaulter appears to him to reside.
(5)A registration certificate issued under this section in respect of any sum payable in default must—
(a)give particulars of the offence to which the fixed penalty notice relates,
(b)indicate whether registration is authorised under section 55(3) or 64(2) of this Act, and
(c)state the name and last known address of the defaulter and the amount of the sum payable in default.
Textual Amendments
F1Words in s. 70(4)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 316; S.I. 2005/910, art. 3(y)