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| Registration of sums payable in default. |
11. - (1) If the justices' chief executive for a petty sessions area receives a registration certificate, he must register the registrable sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area.
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(2) But if it appears to him that the defaulter does not reside in that area-
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(a) subsection (1) does not apply to him; but |
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(b) he must cause the certificate to be sent to the person appearing to him to be the appropriate justices' chief executive. |
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(3) A justices' chief executive registering a sum under this section for enforcement as a fine, must give the defaulter notice of the registration.
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(4) The notice must-
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(a) specify the amount of the sum registered, and |
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(b) give the information with respect to the offence, and the authority for registration, which was included in the registration certificate under section 10. |
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(5) If a sum is registered in a magistrates' court as a result of this section, any enactment referring (in whatever terms) to a fine imposed, or other sum adjudged to be paid, on conviction by such a court applies as if the registered sum were a fine imposed by that court on the conviction of the defaulter on the date on which the sum was registered.
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| Enforcement of fines. |
12. - (1) In this section-
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"fine" means a sum which is enforceable as a fine as a result of section 11; and
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"proceedings" means proceedings for enforcing a fine.
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(2) Subsection (3) applies if, in any proceedings, the defaulter claims that he was not the person to whom the penalty notice concerned was issued.
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(3) The court may adjourn the proceedings for a period of not more than 28 days for the purpose of allowing that claim to be investigated.
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(4) On the resumption of proceedings that have been adjourned under subsection (3), the court must accept the defaulter's claim unless it is shown, on a balance of probabilities, that he was the recipient of the penalty notice.
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(5) The court may set aside a fine in the interests of justice.
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(6) If the court does set a fine aside it must-
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(a) give such directions for further consideration of the case as it considers appropriate; or |
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(b) direct that no further action is to be taken in respect of the allegation that gave rise to the penalty notice concerned. |
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Interpretation |
| Interpretation of Chapter I of Part I. |
13. In this Chapter-
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"chief officer of police" includes the Chief Constable of the British Transport Police;
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"defaulter" has the meaning given in section 10(5);
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"penalty notice" has the meaning given in section 2(4);
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"penalty offence" has the meaning given in section 1(1);
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"registrable sum" has the meaning given in section 10(4).
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