Modifications etc. (not altering text)
C1Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)
(1)The Secretary of State may by regulations make provision for the purpose of enabling the Defence Council, or persons authorised by them, to make orders for the enforcement of financial penalties by prescribed courts in England and Wales, Scotland, Northern Ireland or the Isle of Man.
(2)Regulations under this section may in particular make provision—
(a)with respect to the cases in which such orders may be made;
(b)with respect to the form and content of such orders, including the matters to be certified in such orders;
(c)with respect to the effect of such orders;
(d)conferring functions in relation to such orders on the Defence Council;
(e)for the delegation by the Defence Council of any of their functions in relation to such orders.
(3)Provision that may be made by the regulations by virtue of subsection (2)(c) includes provision—
(a)that a sum certified in such an order as outstanding is to be treated as if it had been a fine imposed on a conviction by a court specified in the order;
[F1(aa)about the effect, where a sum is certified in such an order, of an order made by the Court Martial under—
(i)section 269A (fines: fixing of term of imprisonment for default); or
(ii)section 269B (service compensation order: maximum term of imprisonment for default);]
(b)for prescribed enforcement procedures to cease to be available, or to become available, on the occurrence of prescribed events.
(4)In this section—
“financial penalty” means—
a fine or service compensation order imposed by virtue of this Act (including [F2 a fine imposed by the Court Martial or the Service Civilian Court under [F3paragraph 11(2)(a) of Schedule 10 to the Sentencing Code by virtue of section 184 and Schedule 6A] (breach etc of overseas community order) or] a fine or service compensation order with respect to which an order under section 268 (order for service parent or guardian to pay fine or compensation) has been made);
a sum adjudged to be paid under section 236(3) (forfeiture of recognizance);
an order as to the payment of costs made by virtue of regulations under section 26, or made under section 27, of the Armed Forces Act 2001 (c. 19);
“prescribed” means prescribed, or of a description prescribed, by regulations under this section.
Textual Amendments
F1S. 322(3)(aa) inserted (8.3.2012) by Armed Forces Act 2011 (c. 18), ss. 16(2), 32(3); S.I. 2012/669, art. 3(a)
F2Words in s. 322(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 78(5), 151(1); S.I. 2012/2906, art. 2(a)
F3Words in s. 322(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 77 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Commencement Information
I1S. 322 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 322 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4