The Collection of Fines (Pilot Schemes) (Amendment) Order 2004

Amendment of the Collection of Fines (Pilot Schemes) Order 2004

2.  In article 1—

(a) in paragraph (3), before the definition of “the Schedule”, insert—

““enforcement” means any process or order for the purposes of recovering a sum imposed by a court;

“sum imposed by a court” means a financial penalty which—

(i)

consists of or includes a fine, and

(ii)

is, or is treated, for the purposes of Part 3 of the Magistrates' Courts Act 1980(1) as a sum adjudged to be paid by conviction of a magistrates' court.

In (i) a “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction.”

(b) for paragraph (4) substitute—

“(4) Paragraph (5) applies to any sum imposed by a court in a petty sessions area prior to the coming into force of any of the pilot schemes under this Order in that area.

(5) Unless a court orders otherwise, enforcement to recover a sum, to which paragraph (4) refers, may be carried out as if this Order, and any modifications made to enactments by this Order, had not been made.

(6) Unless a court orders otherwise, enforcement of any sum imposed by a court in a petty sessions area after the coming into force of any of the pilot schemes under this Order in that area, shall continue, after this Order ceases to have effect, as if this Order, and any modifications made to enactments by this Order, were still in force.”

(1)

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