The Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009

Financial penalty enforcement orders

3.—(1) If—

(a) a financial penalty is awarded against any person,

(b) no appeal is outstanding and the time provided for the giving of the notice of appeal against the award has expired,

(c) the whole or any part of the penalty remains unpaid or unrecovered, and

(d) the person against whom the award was made is a person to whom these Regulations apply,

the Defence Council or any person authorised by them may make an order (in these Regulations referred to as a “ financial penalty enforcement order”) for the registration of the penalty by the relevant court.

(2) These Regulations apply to a person who—

(a) is neither subject to service law nor a civilian subject to service discipline; or

(b) is subject to service law because he is a special member, within the meaning of the Reserve Forces Act 1996(1), of a reserve force.

(3) A financial penalty enforcement order shall contain a certificate issued on behalf of the Defence Council or by a person authorised by them and stating—

(a) that a financial penalty has been awarded against the person named in the order;

(b) that the conditions specified in sub-paragraphs (b) to (d) of paragraph (1) are satisfied;

(c) the nature and amount of the penalty;

(d) the date on which, and the service offence or offences in respect of which, it was awarded;

(e) if it was awarded against the person named in the order as the parent or guardian of some other person, the fact that it was so awarded and the name of that other person;

(f) sufficient particulars of the case (including particulars of any service offences taken into consideration at the trial);

(g) the date of any payment or recovery of a sum on account of the penalty;

(h) the sum outstanding; and

(i) the authority to whom and address to which any service compensation order or costs included in the penalty will fall, on recovery, to be remitted under paragraph (6).

(4) A document purporting to be a financial penalty enforcement order and to be signed on behalf of the Defence Council or by any person authorised by them shall be deemed to be such an order unless the contrary is proved, and a certificate under paragraph (3) shall be evidence of the matters stated.

(5) Subject to paragraph (6), upon registration of a financial penalty enforcement order —

(a) service enforcement procedures shall cease to be available for the recovery of the sum certified as outstanding; and

(b) that sum shall be treated for all purposes as if it had been a fine imposed upon a conviction by the relevant court.

(6) Compensation or costs recovered under these Regulations shall be remitted to the authority at the address specified in the certificate under paragraph (3).

(7) Where it appears from a financial penalty enforcement order that the penalty was imposed in respect of more than one service offence, it shall be deemed for the purposes of enforcement to be a single penalty only.

(8) Where—

(a) a financial penalty enforcement order has been made against any person, and

(b) he ceases to be a person to whom these Regulations apply at a time when the whole or any part of the certified sum is still outstanding,

service enforcement procedures shall apply to the amount outstanding as if it were a sum that he had been ordered to pay by a civilian court (anywhere).

(9) Where two or more financial penalties have been awarded together, these Regulations shall have effect in relation to the financial penalties as if they were separate penalties.

(1)

1996 c. 14.