The Collection of Fines (Final Scheme) Order 2006

Amendments to the Magistrates’ Courts Act 1980

48.  In section 87(1) (enforcement of payment of fines by High Court and county court)—

(a) after subsection (1) insert—

“(1A) For the purposes of taking the step mentioned in paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, the reference in subsection (1) above to “the designated officer of the magistrates’ court” shall be construed as a reference to the fines officer.”

(b) after subsection (3) insert—

“(3A) The fines officer shall not, for the purposes of taking the step mentioned in 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 mentioned in paragraph 1 of that Schedule, 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.”

(1)

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.