Air Traffic Management and Unmanned Aircraft Act 2021

Registration of fixed penalty: document sent to clerk in Scotland U.K.

10 (1) Where the clerk of a court of summary jurisdiction (C) receives a registration document in respect of the penalty specified in a fixed penalty notice given to a person (P), the registration document must be dealt with in accordance with this paragraph. U.K.

(2) That duty applies whether C receives the registration document under paragraph 8 or 9, this paragraph or paragraph 11.

(3) If it appears to C that P resides in the area of the court, C must register the amount of the penalty for enforcement as a fine by that court.

(4) If it appears to C that P resides in Scotland but not in the area of C's court, C must send the registration document to the clerk of a court of summary jurisdiction for the area in which P appears to reside.

(5) If it appears to C that P resides in England and Wales, C must send the registration document to the designated officer for the local justice area in which P appears to C to reside.

(6) If it appears to C that P resides in Northern Ireland, C must send the registration document to the clerk of petty sessions.

(7) If the registration document is not dealt with under any of sub-paragraphs (3) to (6), it must be dealt with under sub-paragraphs (8) to (11).

(8) If the fixed penalty offence was committed in the area of the court, C must register the amount of the penalty for enforcement as a fine by that court.

(9) If the fixed penalty offence was committed in Scotland but not in the area of C's court, C must send the registration document to the clerk of a court of summary jurisdiction for the area in which the offence was committed.

(10) If the fixed penalty offence was committed in England and Wales, C must send the registration document to the designated officer for the local justice area in which the offence was committed.

(11) If the fixed penalty offence was committed in Northern Ireland, C must send the registration document to the clerk of petty sessions.

(12) If C registers the amount of the penalty for enforcement as a fine under this paragraph, C must give P notice of the registration.

(13) The notice must—

(a) specify the amount of the penalty registered, and

(b) give the information with respect to the fixed penalty offence, and the authority for registration, which was included in the registration document under paragraph 7.

(14) On the registration of the amount of the penalty for enforcement as a fine by a court of summary jurisdiction, any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of a court of summary jurisdiction is to have effect in the case in question as if the amount so registered were a fine imposed by the court of summary jurisdiction on the conviction of P on the date of the registration.

(15) The reference in sub-paragraph (14) to any enactment includes any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Commencement Information

I1 Sch. 10 para. 10 in force at 29.4.2021 for specified purposes, see s. 21(1)(a)