Regulation 2

The Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009^f1 are amended as follows.

In regulation 3(5)—

After regulation 3 insert—

“Imprisonment in default of payment: fines

3A.

(1)

This regulation applies if—

(a)

a financial penalty enforcement order is made in respect of a fine imposed by the Court Martial; and

(b)

that court made an order under section 269A of the Act^f2 (fixing of term of imprisonment for default) in respect of the fine.

(2)

If the relevant court is situated in England and Wales, the order under section 269A of the Act has effect as if—

(a)

the fine had been imposed by the Crown Court in England and Wales; and

(b)

the order had been made by that court under section 139(2) of the Sentencing Act^f3 in respect of the fine.

(3)

If the relevant court is situated in Scotland or Northern Ireland, the order under section 269A of the Act has effect as if—

(a)

the fine had been imposed by the Crown Court in England and Wales;

(b)

the order had been made by that court under section 139(2) of the Sentencing Act in respect of the fine; and

(b)

an order had been made under section 90 of the Magistrates’ Courts Act 1980^f4 (transfer of fines to Scotland or Northern Ireland) that payment of the fine should be enforceable—

(i)

if the relevant court is situated in Scotland, by that court;

(ii)

if the relevant court is situated in Northern Ireland, in the petty sessions district in which that court is situated.

Imprisonment in default of payment: service compensation orders

3B.

(1)

This regulation applies if—

(a)

a financial penalty enforcement order is made in respect of a service compensation order made by the Court Martial; and

(b)

that court specified a period under section 269B of the Act^f5 as the maximum term to which the person by whom the compensation is payable is liable to be committed to prison for default if a financial penalty enforcement order is made.

(2)

The period so specified is to be treated for all purposes as if—

(a)

the service compensation order were a compensation order made by the Crown Court in England and Wales; and

(b)

the period had been specified by that court under section 41(8) of the Administration of Justice Act 1970^f6 in respect of that order.”