PART 1FINES AND OTHER PENALTIES: ENFORCEMENT
CHAPTER 1Collection of Fines etc.
Supplementary
24Offences
1
A person guilty of an offence under this Chapter is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
For the purposes of this Chapter, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (corporate liability for offences)—
a
applies with the omission of the words “the liability of whose members is limited”, and
b
where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the functions of management as if that member were a director of the body corporate.
3
If an offence under this Chapter is committed by a partnership or proved—
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on the partner's part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
4
In subsection (3), “partner” includes a person purporting to act as such.
25Appeals
1
An appeal against a decision of a collection officer may—
a
where the responsible court is a magistrates' court, be made to a court of summary jurisdiction;
b
where the responsible court is the Crown Court, be made to that Court.
2
On an appeal under subsection (1), the court may quash or confirm the decision to which the appeal relates.
3
An appeal against a decision of a magistrates' court at a hearing under section 9 may be made to a county court.
4
An appeal against a decision of the Crown Court at a hearing under section 9 may be made to the Court of Appeal, but only with the leave of the Court of Appeal.
5
An appeal under subsection (1) must be brought before the end of 14 days beginning with the day on which the decision being appealed against was made.
6
Where an appeal is brought under this section, the collection order is suspended until the appeal is determined or abandoned.
26Guidance
1
The Department of Justice must issue guidance about the operation of this Chapter.
2
The Department of Justice may from time to time revise guidance under subsection (1); and, where it does so, it must issue the revised guidance.
3
A collection officer must, in exercising the officer's functions as such, have regard to guidance under this section.
27Interpretation etc.
1
In this Chapter—
“attachment of earnings order” has the meaning given in section 18(1);
“bank account order” has the meaning given in section 22(1);
“collection officer” has the meaning given in section 2(1);
“collection order” has the meaning given in section 3(1);
“the debtor” has the meaning given in section 1(2);
“deposit-taker” has the meaning given in subsection (2) below;
“interim bank account order” has the meaning given in section 20(1);
“the outstanding amount” has the meaning given in section 1(2);
“registered” has the meaning given in subsection (4) below;
“relevant benefit” has the meaning given in section 14(3);
“the responsible court” has the meaning given in section 6(1);
“statutory provision” has the same meaning as in the Interpretation Act (Northern Ireland) 1954;
“the sum due” has the meaning given in section 1(2);
“vehicle” has the meaning given in subsection (3) below;
2
“Deposit-taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom; and this definition is to be read with—
a
section 22 of the Financial Services and Markets Act 2000,
b
any relevant order under that section, and
c
Schedule 2 to that Act.
3
“Vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that Article 6 of the Road Traffic (Northern Ireland) Order 1995 (exceptions for certain vehicles) applies as it applies for the purpose of the Road Traffic Orders (as defined by that Order).
4
“Registered”, in relation to a vehicle, means registered under the Vehicle Excise and Registration Act 1994.
5
In its application to this Chapter, section 24 of the Interpretation Act (Northern Ireland) 1954 (service of documents) has effect as if the word “registering” were omitted from subsection (1).
6
The power to make an oral application under this Chapter is, in the case of a company, exercisable by an officer of the company authorised by the company for the purpose.
I128Minor and consequential amendments
1
Schedule 2, which contains minor amendments and amendments consequential on the provisions of this Chapter, has effect.
2
The Department of Justice may by order make such consequential, supplementary or incidental provision as it considers appropriate in consequence of, or for giving full effect to, this Chapter.
3
An order under subsection (2) may amend, repeal, revoke or otherwise modify any statutory provision.