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Section 75 Power to dispense with immediate payment.C1

England and Wales

(1)

A magistrates’ court by whose conviction or order a sum is adjudged to be paid may, instead of requiring immediate payment, allow time for payment, or order payment by instalments.

(2)

Where a magistrates’ court has allowed time for payment, the court may, on application by or on behalf of the person liable to make the payment, allow further time or order payment by instalments.

F1(2A)

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(2B)

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(2C)

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(3)

Where a court has ordered payment by instalments and default is made in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment of all the instalments then unpaid.

Annotations

Textual amendments

F1

S. 75(2A)-(2C) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 48; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications

C1

S. 75 extended (with modifications) by Legal Aid Act 1988 (c. 34, SIF 77:1), ss. 24(6), 30, Sch. 3 Pt. I para. 2(3)

Notes on Part III

Modifications

C1

Part III (ss. 75–96) modified: (E.W.) by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(4)(6); by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(5)(6), 123(6), Sch. 8 para. 16; (3.2.1995) by 1994 c. 37, ss. 9(4)(6), 69(2) (with s. 66(2))

Part III (ss. 75-96) extended (1.9.1994) by 1994 c. 22, ss. 32(3)(a), 41(3)(a), 66(1)

Part III (ss. 75-96) applied (with modifications) (24.3.2003) (E.W.) by 2002 c. 29, ss. 35(3), 458(1)(3); S.I. 2003/333, art. 2 Sch.

C2

Pt. III applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85, 153; S.I. 2009/2606, art. 2(f)

C3

Pt. III restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56, 57, 58, 173

C4

Pt. III modified (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 97(10)