Road Traffic Offenders Act 1988

82 Accounting for fixed penalties: England and Wales. E+W+S

(1) In England and Wales, sums paid by way of fixed penalty for an offence shall be treated for the purposes of [F1 section 60 of the Justices of the Peace Act 1997 (application of fines and fees)] as if they were fines imposed on summary conviction for that offence.

[F2 (2) Where, in England and Wales, a [F3 justices’ chief executive] for a petty sessions area comprised in the area of one magistrates’ courts committee (“the first committee”) discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another magistrates’ courts committee (“the second committee”)—

(a) the paying authority or authorities in relation to the second committee must make to the paying authority or authorities in relation to the first committee such payment in connection with the discharge of those functions as may be agreed between all the paying authorities concerned or, in default of such agreement, as may be determined by the Lord Chancellor, and

(b) any such payment between paying authorities shall be taken into account in determining for the purposes of [F4 section 57 of the Justices of the Peace Act 1997] the net cost to the responsible authorities of the functions referred to in subsection (1) of that section.

(2A) In subsection (2) above “paying authority” and “responsible authority” have the same meaning as in section 55 of [F5 the Justices of the Peace Act 1997][F6 ; except that, in relation to the Greater London Magistrates’ Courts Authority, the Authority is the paying authority and responsible authority.]]

(3) Subsection (2) above does not apply to functions discharged in connection with a fixed penalty on or after the registration of a sum determined by reference to the penalty under section 71 of this Act.

Annotations:

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Amendments (Textual)

F1 Words in s. 82(1) substituted (19.6.1997) by 1997 c. 25, s. 73(2), 74, Sch. 5, para. 25(a)

F2 S. 82(2) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II, para 32; S.I. 1995/685, arts. 4(l), 7(2)

F3 Words in s. 82(2) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 154 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F4 Words in s. 82(2)(b) substituted (19.6.1997) by 1997 c. 25, s. 73(2), 74, Sch. 5 para. 25(b)

F5 Words in s. 82(2A) substituted (19.6.1997) by 1997 c. 25, s. 73(2), 74, Sch. 5 para. 25(c)

F6 Words in s. 82(2A) inserted (1.4.2001) by 1999 c. 22, s. 83(3), Sch. 12 para. 3 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

Modifications etc. (not altering text)

C1 S. 82 modified (temp.) (1.4.1995) by S.I. 1995/685, reg. 6(2)(b)

S. 82 modified (19.6.1997) by 1997 c. 25, s. 73(1), 74, Sch. 4 Pt. II, para. 7(2)(d)(i)

C2 S. 82(1)(2): Functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 2(1), Sch. 1