Rule 30.2 Exercise of court’s powers; duty of justices’ legal adviserI1

England and Wales

(1)

The court must not exercise its enforcement powers unless—

(a)

the court officer has served on the defendant any collection order or other notice of—

(i)

the obligation to pay,

(ii)

the payment terms, and

(iii)

how and where the defendant must pay; and

(b)

the defendant has failed to comply with the payment terms.

(2)

A justices’ legal adviser must ask such questions as may be needed to obtain information sufficient to allow the court to make such decisions as are required.

[Note. See section 76 of the Magistrates’ Courts Act 1980^f1; and paragraphs 12 and 13 of Schedule 5 to the Courts Act 2003^f2.

For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003^f3. See also rule 2.12 (Duties of justices’ legal adviser).]

Annotations

Commencement

I1: Rule 30.2 in force at 6.10.2025, see Preamble

Footnotes

f1: 1980 c. 43; section 76 was amended by section 7 of the Maintenance Enforcement Act 1991 (c. 17), section 78 of, and Schedule 16 to, the Criminal Justice Act 1982 (c. 48), and section 62(3) of, and paragraphs 45 and 46 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
f2: 2003 c. 39; paragraph 13 was amended by articles 2, 4 and 15 of S.I. 2006/1737.
f3: 2003 c. 39; section 28 was amended by section 15 of, and paragraphs 308 and 327 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4).