Criminal Justice and Public Order Act 1994

47 Recovery of fines, etc. by deduction from income support. E+W+S

(1) In section 89 of the Magistrates’ Courts Act 1980 (which gives a magistrates’ court power to make a transfer of fine order), after subsection (2) there shall be inserted the following subsection—

“(2A) The functions of the court to which subsection (2) above relates shall be deemed to include the court’s power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the M1 Criminal Justice Act 1991 (power to deduct fines etc. from income support).”.

(2) In section 90 of the Magistrates’ Courts Act 1980 (which gives a magistrates’ court power to transfer a fine to Scotland), after subsection (3) there shall be inserted the following subsection—

“(3A) The functions of the court 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 income support).”.

(3) In section 24(3) of the Criminal Justice Act 1991 (which relates to the Secretary of State’s power to authorise deduction of fines etc. from income support), after paragraph (b) there shall be inserted the following paragraph—

“(c) the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section 403(1)(a) or (b) of the M2 Criminal Procedure (Scotland) Act 1975 (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).”.

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 S. 47(1) and (2) extend to England and Wales only; s. 47(3) which extends to England, Wales and Scotland; s. 47(4) extends to Scotland only see s. 172(7)(8)(13)

Textual Amendments

F1 S. 47(4) repealed (1.4.1996) by 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 16, Sch. 5 (with savings in Sch. 3 para. 1)

Marginal Citations

M1 1991 c. 53.

M2 1975 c. 21.