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

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This Statutory Instrument has been made in consequence of a defect in SI 2004/175 and is being issued free of charge to all known recipients of that Statutory Instrument.

" "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[3] 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."

     3. In article 2(e) in the substituted paragraph 35 of Schedule 5 of the Courts Act 2003, after sub-paragraph (4) insert - 

    " (5) Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P's case has been referred under this paragraph."

     4. Omit article 2(f).



On the authority of the Lord Chancellor


Christopher Leslie
Parliamentary Under Secretary of State Department of Constitutional Affairs

20th May 2004

[2] S.I. 2004/175back

[3] c 43back