Rule 70.1A Application for orderF1F2
In this rule, reference to a fine is to a fine imposed under the County Courts Act 1984.
If a fine is not paid in accordance with the order imposing it, the court officer shall, as soon as reasonably possible, report the matter to a judge.
Where a fine is directed to be paid by instalments, default in the payment of any instalment may be taken as if default had been made in payment of the whole of the fine.
If an order is made for payment of a fine to be enforced by warrant of control, the order shall be treated as an application to the court for the issue of the warrant at the time when the order was made.
If a person pays a fine and later gives evidence to satisfy the court that, if the evidence had been given earlier, no fine or a smaller fine would have been imposed, the court may order the whole or part of the fine to be repaid.
Annotations
Textual amendments
- F1
Pt. 70 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 1 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
- F2
Rule 70.1A inserted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 12(2)
Notes on Part 70
Textual amendments
- F2
Words in Pt. 70 Table of Contents inserted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 12(1)
- F3
Words in Pt. 70 Table of Contents inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 30(a) (with rule 41)
- F4
Words in Pt. 70 Table of Contents substituted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 12(a)
- F5
Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
- F6
Words in Pt. 70 Table of Contents inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 16(1)
Modifications
- C1
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
- C2
Pt. 70 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
- C3
Pt. 70 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.2 (with rules 2.1, 33.1(1))
- C4
Pt. 70 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(a), 24.6(1)