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Road Traffic Offenders Act 1988

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This is the original version (as it was originally enacted).

82Accounting for fixed penalties: England and Wales

(1)In England and Wales, sums paid by way of fixed penalty for an offence shall be treated for the purposes of section 61 (application of fines and fees) of the Justices of the [1979 c. 55.] Peace Act 1979 as if they were fines imposed on summary conviction for that offence.

(2)Where, in England and Wales, a justices' clerk for a petty sessions area comprised in the area of one responsible authority (within the meaning of section 59 of that Act) 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 such authority—

(a)that other authority must make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State, and

(b)any such payment between responsible authorities shall be taken into account in determining for the purposes of subsection (4) of that section the net cost to those authorities respectively of the functions referred to in subsection (1) of that section.

(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.

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