[F1Discharge of warrant of control by magistrates' courtE+W
Textual Amendments
F1Sch. 5 paras. 40A-40C and cross-headings inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 88(8), 151(1); S.I. 2013/453, art. 4(a)
40B(1)This paragraph applies if—E+W
(a)in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, and
(b)the fines officer subsequently refers P's case to the magistrates' court under paragraph 42.
(2)The magistrates' court may discharge the warrant if—
(a)P remains liable to pay any part of the sum due, and
(b) the power conferred by section 142(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc ) would have been exercisable by the court if the court had issued the warrant. ]