Administration of Justice Act (Northern Ireland) 1954

PART II N.I. Funds, fines and costs

S. 17 rep. by 1967 c. 6 (NI); 1970 c. 9 (NI); 1978 c. 23

S. 18 rep. by 1983 NI 8

19 Payments to Petty Sessions Clerks (NI) Fund. N.I.

Subs. (1) rep. by SLR 1976; subs. (2)(3) spent

(4) Except where some other provision of this Act otherwise provides, all sums which but for the passing of this section would have been paid to the credit of the Petty Sessions Clerks (Northern Ireland) Fund shall be paid into the [F1 Consolidated Fund of Northern Ireland].

Subs. (5) spent

F1 Words in s. 19(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 98(3) (with arts. 28-31); S.I. 2010/977, art. 1(2)

20 Application of fines. N.I.

F2 (1) Save as is otherwise provided under this section, all fines within the meaning of this section which are imposed or levied by any court after the appointed day shall be paid into or disposed of for the benefit of the[F3 Consolidated Fund of Northern Ireland] in such manner as the Ministry of FinanceF4 may direct and, notwithstanding any enactment to the contrary, no part of any such fine shall be paid or allowed to any prosecutor, informer or other person or paid into any fund.

Subs. (2) spent

(3) Where after the appointed day any fine is remitted in whole or in part after it has been paid into or disposed of for the benefit of the[F5 Consolidated Fund of Northern Ireland], the fine or the portion thereof so remitted (as the case may be) may be repaid out of the[F5 Consolidated Fund of Northern Ireland].

(4) For any reference to the Fines Act (Ireland), 1851 [1851 c.90] , in any enactment directing fines to be applied in the manner directed by that Act there shall be substituted a reference to this section.

(5) In this section—

“fine” includes every fine, amerciament, penalty and forfeited recognizance other than—

(i)

a fine imposed for an offence [F6 to which section 203 of the Fisheries Act (Northern Ireland) 1966 [1966 c.17] applies], or under the Foyle Fisheries Act (Northern Ireland), 1952 [1952 c.5] ;

(ii)

F7 a fine which under the provisions of any enactment for the time being in force relating to any matter with respect to which the Parliament of Northern Ireland has not power to make laws is required to be paid into the …F8 [F9 Consolidated Fund of Northern Ireland] or to any fund or person;

(iii)

any fine, penalty or other sum payable under the provisions of any enactment relating to duties or taxes under the control of the Commissioners of Customs and Excise;

(iv)

any sum recoverable at the suit of a common informer;

(v)

any sums which pursuant to any enactment are directed to be paid to or for the benefit of an aggrieved or injured party or a party described in similar terms or to or for the benefit of the family or relatives of any such party or of a person dying in consequence of an act or event which constituted or was the occasion of the offence;

(vi)

any sums which pursuant to any enactment are directed to be applied in making good any default or in repairing any damage or paying or reimbursing any expenses (including costs); or

(vii)

any sums which are directed to be paid to any person pursuant to any enactment referring in terms to awarding or reimbursing a loss or to damages, compensation or satisfaction for loss, damage, injury or wrong.

(6) Any enactment contained in a local Act which is inconsistent with the provisions of this section shall cease to have effect.

F2 1962 c. 14 (NI); 1967 c. 27 (NI);1976 NI 13; 1980 NI 11

F3 Words in s. 20(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 98(3) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F4 Now Treasury, SI 1973/2163

F5 Words in s. 20(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 98(3) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F6 1966 c. 17 (NI)

F7 1980 c. 9

F8 1980 NI 6

F9 Words in s. 20(5)(ii) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 98(3) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Modifications etc. (not altering text)

C1 S. 20(1): functions transferred from Treasury or Minister for the Civil Service to Department of Finance and Personnel (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(4)(a) (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)

S. 21 rep. by 1954 c. 33 (NI)