The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006

Modifications of the Magistrates' Courts Act 1980

7.  In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the provisions of the Magistrates' Courts Act 1980(1) specified below apply with the following modifications—

(a) in section 83 (process for securing attendance of offender for purposes of section 82)—

(i) in subsection (2) after “this section” insert “, or by virtue of Schedule 5 to the Courts Act 2003,”; and

(ii) in the heading to section 83, omit “for the purposes of section 82”;

(b) in section 87(2) (enforcement of payment of fines by High Court and county court)—

(i) after subsection (1) insert—

“(1A) For the purposes of paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, the reference in subsection (1) above to “the designated officer for the magistrates' court” shall be interpreted as a reference to the fines officer.”;

(ii) after subsection (3) insert—

“(3A) The fines officer shall not, for the purposes of paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, take proceedings by virtue of subsection (1) above to recover from any person a sum to which that Schedule applies, unless the fines officer has made an inquiry into that person’s means and he appeared to the fines officer to have sufficient means to pay the sum forthwith.”;

(c) in section 89(3) (transfer of fine order)—

(i) in subsection (1)—

(aa) after “to the court” insert “or, where that sum is the subject of a collection order, it appears to the court or the fines officer, as the case may be,”; and

(bb) after “Wales, the court” insert “or the fines officer, as the case may be,”;

(ii) in subsection (2)—

(aa) after “Act” insert “or under Schedule 5 to the Courts Act 2003, as the case may be,”; and

(bb) for “by the court which made the order, or” substitute “, as the case may be, by the court which, or fines officer who, made the order or the court or the fines officer acting in the same local justice area as the first mentioned court or fines officer, or”;

(cc) after “a court” insert “or, where the sum is the subject of a collection order, shall be exercisable by a court or a fines officer”;

(iii) in subsection (2A) after “court” insert “under this Part of this Act”; and

(iv) in subsection (3) for “by which” substitute “or a fines officer, as the case may be, by which or whose”;

(d) in section 90(4) (transfer of fines to Scotland or Northern Ireland)—

(i) in subsection (1)—

(aa) after the first occurrence of “the court” insert “or, where that sum is the subject of a collection order, it appears to the court or the fines officer, as the case may be,”;

(bb) after the second occurrence of “the court” insert “or the fines officer, as the case may be,”; and

(ii) in subsection (3)—

(aa) after “Act” insert “or under Schedule 5 to the Courts Act 2003, as the case may be,”; and

(bb) for “by the court which made the order” substitute “, as the case may be, by the court which, or fines officer who, made the order, or the court or fines officer acting in the same local justice area as the first mentioned court or fines officer, or”;

(iii) in section (3A) after “court” insert “under this Part of this Act”;

(e) in section 91(5) (transfer of fines from Scotland or Northern Ireland)—

(i) in subsection (1)—

(aa) after “Wales, a magistrates' court” insert “or a fines officer, as the case may be,”;

(bb) after “this Act” insert “or under Schedule 5 to the Courts Act 2003, as the case may be,”; and

(ii) in subsection (3)—

(aa) after “Court, a magistrates' court” insert “or a fines officer, as the case may be,”

(bb) after “this Act” insert “or under Schedule 5 to the Courts Act 2003, as the case may be,”;

(f) in section 125A(6) (civilian enforcement officers), after subsection (3) insert—

“(3A) Subsection (1) also applies to any warrant of distress issued under Schedule 5 to the Courts Act 2003 by a magistrates' court or a fines officer, as the case may be.”; and

(g) in section 150 (interpretation of other terms)—

(i) after the definition of “bail in criminal proceedings” insert—

““collection order” means an order made under Part 4 of Schedule 5 to the Courts Act 2003”; and

(ii) after the definition of “fine” insert—

““the fines officer”, in relation to a person subject to a collection order, means any fines officer working at the fines officer specified in that order;”.

(1)

1980 c. 43.

(2)

1980 c. 43; so far as relevant, in section 87, subsection (1) was amended by the Courts Act 2003 (c. 39), Schedule 8, paragraph 223(1) and (2) and subsection (3) was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 50.

(3)

1980 c. 43; so far as relevant, in section 89, subsections (1) and (2) were amended by the Courts Act 2003, Schedule 8, paragraph 225; subsection (2A) was inserted by the Criminal Justice and Public Order Act 1994 (c. 33), section 47(1).

(4)

1980 c. 43; so far as relevant, in section 90, subsection (3) was amended by the Courts Act 2003 (c. 39), Schedule 8, paragraph 226; subsection (3A) was inserted by the Criminal Justice and Public Order Act 1994 (c. 33), section 47(2).

(5)

1980 c. 43; so far as relevant, in section 91, subsection (1) were amended by (NI) SI 1981/1675 and the Courts Act 2003 (c. 39), Schedule 8, paragraph 227.

(6)

1980 c. 43; section 125A was inserted by the Access to Justice Act 1999 (c. 22), section 92.