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Courts Act 2003

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Changes over time for: Cross Heading: Duty of fines officer if warrant of control withdrawn or discharged

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Changes to legislation:

Courts Act 2003, Cross Heading: Duty of fines officer if warrant of control withdrawn or discharged is up to date with all changes known to be in force on or before 24 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1Duty of fines officer if warrant of control withdrawn or dischargedE+W

Textual Amendments

F1Sch. 5 paras. 40A-40C and cross-headings inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 88(8), 151(1); S.I. 2013/453, art. 4(a)

40C(1)This paragraph applies if condition A or B is met.E+W

(2)Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A.

(3)Condition B is that—

(a)in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due,

(b)the fines officer has referred P's case to the magistrates' court under paragraph 42,

(c)the magistrates' court has discharged the warrant of control under paragraph 40B(2), and

(d)the magistrates' court has not discharged the collection order or exercised any of its powers under paragraph 42(2).

(4)If P remains liable to pay any part of the sum due, the fines officer must—

(a)take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or

(b)deliver to P a replacement notice and take one or more of the steps specified in that notice, or

(c)refer P's case to, or back to, the magistrates' court under paragraph 42.]

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