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.