Part 6International co-operation in relation to criminal justice matters
Recognition of financial penalties: requests from other member States
I186Modification of Magistrates' Courts Act 1980 F1etc
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.
F23
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.