86Modification of Magistrates' Courts Act 1980 [F1etc]E+W+N.I.
(1)Section 90 of the Magistrates' Courts Act 1980 is modified as follows in its application to financial penalties by virtue of section 85(6) of this Act.
(2)Subsection (1) applies as if for the words from “he is residing” to the end of that subsection there were substituted “he is residing, or has property or a source of income, in any petty sessions district in Northern Ireland—
(a)the court or the fines officer (as the case may be) may order that payment of the sum shall be enforceable in that petty sessions district, and
(b)if such an order is made, the court or the fines officer must notify the Lord Chancellor.”
[F2(3)Where a transfer of fine order is made under section 90 of the Magistrates’ Courts Act 1980 as applied by section 85(6) of this Act—
(a)subsections (6A) to (7) of section 88 of this Act apply in relation to the powers conferred by Article 96 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (transfer of fines to Northern Ireland) as a result of the order as they apply in relation to the powers conferred on a magistrates’ court by virtue of section 88(6) of this Act, and
(b)for this purpose—
(i)references in those subsections to the financial penalty are to be treated as references to the financial penalty to which the order relates, and
(ii)references in those subsections to the certificate are to be treated as references to the certificate by virtue of which the order is made.]
Textual Amendments
F1Word in s. 86 heading inserted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 6(3)
F2S. 86(3) inserted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 6(2)
Commencement Information
I1S. 86 in force at 1.10.2009 by S.I. 2009/2606, art. 2(g)