- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
52.1.—(1) This Part applies where a magistrates’ court can enforce payment of—
(a)a fine, or a sum that legislation requires the court to treat as a fine; or
(b)any other sum that a court has ordered to be paid—
(i)on a conviction, or
(ii)on the forfeiture of a surety.
(2) Rules 52.7 to 52.9 apply where the court, or a fines officer, issues a warrant that requires someone to—
(a)take control of goods or money belonging to the defendant;
(b)remove and sell any such goods; and
(c)pay any such money, and any proceeds of such a sale, to the court officer towards payment of a sum to which this Part applies.
(3) In this Part—
(a)‘defendant’ means anyone liable to pay a sum to which this Part applies;
(b)‘payment terms’ means by when, and by what (if any) instalments, such a sum must be paid.
[Note. For the means by which a magistrates’ court may enforce payment, see—
(a)Part 3 of the Magistrates’ Courts Act 1980(1); and
(b)Schedule 5 to the Courts Act 2003(2) and the Fines Collection Regulations 2006(3).
Under that Schedule and those Regulations, some enforcement powers may be exercised by a fines officer.
In some legislation, including the 1980 and 2003 Acts, a warrant to which this Part applies was described as ‘a warrant of distress’. In the Tribunals, Courts and Enforcement Act 2007(4), such a warrant is described as ‘a warrant of control’.]
2003 c. 39; Schedule 5 was amended by articles 2, 4, 6, 7 and 8 of S.I. 2006/1737. It is further amended by section 88 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: