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Courts Act 2003

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Powers of court F1. . . E+W

Textual Amendments

F1Sch. 5 para. 39: words in heading omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(d)}

39(1)This paragraph applies if the magistrates' court is hearing P’s case following—E+W

(a)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or

(c)an appeal under paragraph 37(9) [F3or 37A(4)] (appeal against a further steps notice [F4or replacement notice ]).

(2)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)On [F5a] referral falling within sub-paragraph [F6(1)(b)] , the court may—

(a)vary the payment terms (or the reserve terms);

(b)take any of the steps listed in paragraph 38;

(c)discharge the order and exercise any of its standard powers in respect of persons liable to pay fines [F7or other sums] .

(4)On an appeal against a further steps notice [F8or replacement notice ], the court may—

(a)confirm or quash the notice;

(b)vary the notice so as to specify any step listed in paragraph 38;

(c)vary the payment terms (or the reserve terms);

(d)discharge the order and exercise any of its standard powers in respect of persons liable to pay fines [F9or other sums] .

Textual Amendments

F2Sch. 5 para. 39(1)(a)(2) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(a)}

F5Words in Sch. 5 para. 39(3) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(b)(i)}

F6Words in Sch. 5 para. 39(3) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(b)(ii)}

F7Words in Sch. 5 para. 39(3)(c) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(c)(i)}

F9Words in Sch. 5 para. 39(4)(d) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, {27(c)(ii)}

Commencement Information

I1Sch. 5 para. 39 wholly in force at 5.4.2004; Sch. 5 para. 39 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 39 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 39 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 39 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

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