Justice Act (Northern Ireland) 2016

Referral to the court in case where no collection order made

8.—(1) This section applies where—

(a) the court referred to in section 1(1)(b) does not make a collection order, and

(b) the debtor defaults on payment of the sum due.

(2) The proper officer of the responsible court may at any time the officer considers appropriate refer the debtor’s case to the responsible court.

(3) A magistrates’ court may, on a complaint made by the proper officer, issue a summons requiring the debtor to appear at the time and place specified in the summons.

(4) A summons under subsection (3) must direct the debtor to appear—

(a) if the responsible court is the Crown Court, before that Court;

(b) if the responsible court is a magistrates’ court, before a court of summary jurisdiction.

(5) In this section, “proper officer” means—

(a) if the responsible court is the Crown Court, the chief clerk;

(b) if the responsible court is a magistrates’ court, the clerk of petty sessions.