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The Road Traffic Offenders (Northern Ireland) Order 1996


This is the original version (as it was originally made).

Provisions supplementary to Articles 77 and 78

79.—(1) In any case within Article 77(2)(b) or 78(2) of this Order, Article 19(1)(a) of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time) shall have effect as if for the reference to the time when the offence was committed there were substituted a reference to the date of the statutory declaration made for the purposes of Article 77(1) or, as the case may be, 78(1).

(2) Where, on the application of a person who has received notice of the registration of a sum under Article 76 for enforcement against him as a fine, it appears to a court of summary jurisdiction that it was not reasonable to expect him to serve, within 21 days of the date on which he received the notice, a statutory declaration to the effect mentioned in Article 77(2) or, as the case may be, 78(2), the court may accept service of such a declaration by that person after that period has expired.

(3) A statutory declaration accepted under paragraph (2) shall be taken to have been served as required by Article 77(1) or, as the case may be, Article 78(1).

(4) For the purposes of Articles 77(1) and 78(1), a statutory declaration shall be taken to be duly served on the clerk of petty sessions if it is delivered to him, left at his office, or sent in a registered letter or by the recorded delivery service addressed to him at his office.

(5) In Articles 77, 78 and this Article, references to proceedings for enforcing payment of the sum registered are references to any process issued or other proceedings taken for or in connection with enforcing payment of that sum.

(6) For the purposes of Articles 77, 78 and this Article, a person shall be taken to receive notice of the registration of a sum under Article 76 for enforcement against him as a fine when he receives notice either of the registration as such or of any proceedings for enforcing payment of the sum registered.

(7) Nothing in the provisions of Article 77, 78 or this Article is to be read as prejudicing any rights a person may have apart from those provisions by virtue of the invalidity of any action purportedly taken under this Part which is not in fact authorised by this Part in the circumstances of the case; and, accordingly, references in those provisions to the registration of any sum or to any other action taken under or by virtue of any provision of this Part are not to be read as implying that the registration or action was validly made or taken in accordance with that provision.

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