# Courts Act 2003, Paragraph 40B


(1) This paragraph applies if—
(a) in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, and
(b) the fines officer subsequently refers P's case to the magistrates' court under paragraph 42.
(2) The magistrates' court may discharge the warrant if—
(a) P remains liable to pay any part of the sum due, and
(b) the power conferred by section 142(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc ) would have been exercisable by the court if the court had issued the warrant.

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Source: https://www.legislation.gov.uk/ukpga/2003/39/schedule/5/paragraph/40B (the official version)
Page: https://openlegislation.uk/courts-act-2003/schedule-5/paragraph-40B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

