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Rule 109 Transfer of fine order sent from England and Wales or Scotland

Northern Ireland

(1)

Where the clerk of petty sessions receives a copy of a transfer of fine order made in England and Wales or Scotland F1..., he shall register the order ... by means of an entry made and signed by him in the Order Book and shall serve a notice in Form 72 on the offender.

(2)

Such notice may be served in the same manner as a summons alleging a summary offence prosecuted by [f1 the Public Prosecution Service for Northern Ireland] and service of the notice may be proved in the same manner as service of such summons is proved under Rule 11.

(3)

Where after fourteen days from service of such notice of the expiration of the period within which the sum is payable under the order, whichever is the later, the offender has failed to pay or has failed to apply for time or further time to pay or for payment by instalments, as required by that notice the court may exercise its F2powers under section 9 of the Justice Act (Northern Ireland) 2016, following a referral under section 6 or 8 of that Act.

(4)

Where the sum adjudged to be paid and due under the transfer of fine order—

(a)

is paid, the clerk of petty sessions shall send it to the clerk of the court which made the order;

(b)

is not paid, the clerk of petty sessions shall inform the clerk of that court of the manner in which the adjudication is satisfied or that the sum, or any balance thereof, appears to be irrecoverable.

Annotations

Textual amendments

F1

Words in rule 109(1) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(18); S.R. 2016/387, art. 2(a)

F2

Words in rule 109(3) substituted (1.6.2018) by The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2018 (S.R. 2018/103), rules 1, 3(9)

Footnotes

f1

Words substituted by S.R. 2009 No. 310 with effect from 30.09.09