Air Traffic Management and Unmanned Aircraft Act 2021

Registration of fixed penalty: document sent to clerk of petty sessions in Northern Ireland

11 (1) Where the clerk of petty sessions (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.

(2) That duty applies whether C receives the registration document under paragraph 8, 9 or 10.

(3) If it appears to C that P resides in Northern Ireland, C must register the amount of the penalty for enforcement as a fine by entering it in the Order Book of a court of summary jurisdiction.

(4) 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.

(5) If it appears to C that P resides in Scotland, C must send the registration document to the clerk of a court of summary jurisdiction for the area in which P appears to C to reside.

(6) If the registration document is not dealt with under any of sub-paragraphs (3) to (5), it must be dealt with under sub-paragraphs (7) to (9).

(7) If the fixed penalty offence was committed in Northern Ireland, C must register the amount of the penalty for enforcement as a fine by entering it in the Order Book of a court of summary jurisdiction.

(8) 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.

(9) If the fixed penalty offence was committed in Scotland, 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 C registers the amount of the penalty for enforcement as a fine under this paragraph, C must give P notice of the registration.

(11) The notice must—

(a) specify the amount of the penalty registered,

(b) require payment of it by such date, not less than 28 days from the date of registration, as may be specified in the notice, and

(c) 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.

(12) On the registration of any amount in the Order Book of a court of summary jurisdiction by virtue of this paragraph, any enactment referring (in whatever terms) to a fine imposed or other sum adjudged to be paid on the conviction of such a court is to have effect in the case in question as if the amount so registered were a fine imposed by that court on the conviction of P on the date of the registration.

(13) The clerk of petty sessions must refer the case to a district judge (magistrates’ courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.

(14) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under sub-paragraph (11)(b).

(15) In this paragraph “collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016.