The Magistrates' Courts Rules 1981

Payment after imprisonment imposed E+W

55.—(1) The persons authorised for the purposes of section 79(2) of the Act of 1980 to receive a part payment are—

(a) unless there has been issued a warrant of [F1 control] or commitment, the [F2 [F3 designated officer] for] the court enforcing payment of the sum, or any person appointed under section 88 of that Act to supervise the offender;

(b) where the issue of a warrant of commitment has been suspended on conditions which provide for payment to be made to the [F2 [F3 designated officer] for] some other magistrates' court, [F4 that designated officer];

(c) any constable holding a warrant of [F5 control] or commitment, or, where the warrant is directed to some other person, that person;

(d) the governor or keeper of the prison or place in which the defaulter is detained, or other person having lawful custody of the defaulter:

Provided that—

(i) the said governor or keeper shall not be required to accept any sum tendered in part payment under the said subsection (2) except on a week-day between 9 o'clock in the morning and 5 o'clock in the afternoon; and

(ii) no person shall be required to receive in part payment under the said subsection (2) an amount which, or so much of an amount as, will not procure a reduction of the period for which the defaulter is committed or ordered to be detained.

(2) Where a person having custody of a defaulter receives payment of any sum he shall note receipt of the sum on the warrant of commitment.

(3) Where the [F6 [F3 designated officer] for] a court other than the court enforcing payment of the sums receives payment of any sum he shall inform the [F6 [F3 designated officer] for] the other court.

(4) Where a person appointed under section 88 of the Act of 1980 to supervise an offender receives payment of any sum, he shall send it forthwith to the [F7 [F3 designated officer] for] the court which appointed him.

[F8 (5) If the period of imprisonment imposed on any person in default of payment of a sum adjudged to be paid by a conviction or order of a magistrates' court, or for want of sufficient distress to satisfy such a sum, is reduced through part payments to less than 5 days, he may be committed either to a prison or to a place certified by the Secretary of State under section 134 of the Act of 1980, or, if he is already in prison, the Secretary of State may transfer him to a place so certified.]

Textual Amendments

F1 Word in rule 55(1)(a) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(e) (with arts. 3, 4)

F2 Words in rule 55(1) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3

F3 Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85

F4 Words in rule 55 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 71

F5 Word in rule 55(1)(c) substituted (6.4.2014) by The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 (S.I. 2014/600), art. 2(1), Sch. para. 1(e) (with arts. 3, 4)

F6 Words in rule 55(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3

F7 Words in rule 55(4) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3

F8 Rule 55(5) ceases to have effect (5.1.1989) by virtue of The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988 (S.I. 1988/2132), rules 1, 2(b)

Modifications etc. (not altering text)

C1 Rule 55 applied in part (with modifications) (7.4.1989) by The Community Charges (Administration and Enforcement) Regulations 1989 (S.I. 1989/438), regs. 1(1), 41(8)

C2 Rule 55 applied in part (with modifications) (21.7.1989) by The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (S.I. 1989/1058), regs. 1(1), 16(8)

C3 Rule 55 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 52.9 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]

Commencement Information

I1 Rule 55 in force at 6.7.1981, see rule 1(1)