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The Collection of Fines (Final Scheme) Order 2006
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- UK Statutory Instruments
- 2006 No. 1737
- Article 49
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Amendments to the Magistrates' Courts Act 1980
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49. In section 89(1) (transfer of fine order)—
(a)in subsection (1)—
(i)after “to the court” insert “, or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be,”; and
(ii)after “Wales, the court” insert “or the fines officer, as the case may be,”
(b)for subsection (2) substitute—
“(2) As from the date on which a transfer of fine order is made with respect to any sum, all functions under this Part of this Act or under Schedule 5 to the Courts Act 2003 relating to that sum which, if no order had been made, would have been exercisable by any court or person mentioned in column 1 of the Table below shall be exercisable by the court or person mentioned in the corresponding entry in column 2, and not otherwise.
Table
| Column 1 | Column 2 |
|---|---|
(A) The court which made the order. (B) A court acting in the same local justice | In either case, a court acting in the local justice area specified in the order. |
| area as was the fines officer who made the | |
| The designated officer for the court mentioned in the row above. | The designated officer for the court mentioned in the row above. |
(A) The fines officer who made the order. (B) A fines officer acting in the same local justice area as was the court which made the order. | In either case, a fines officer acting in the local justice area specified in the order.”. |
(c)in subsection (2A) after “court” insert “under this Part of this Act”; and
(d)in subsection (3) for “by which” substitute “or a fines officer, as the case may be, by which or whom”.
(1)
1980 c. 43; so far as relevant, in section 89, subsections (1) and (2) were amended by the Courts Act 2003, Schedule 8, paragraph 225; subsection (2A) was inerted by the Criminal Justice and Public Order Act 1994 (c. 33), section 47(1).
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