Page:Magistrates’ Courts Act 1980.pdf/64

56c. 43

in any petty sessions area other than that for which the court acted, the court may make a transfer of fine order, that is to say, an order making payment enforceable in the petty sessions area in which it appears to the court that he is residing; and that area shall be specified in the order.

(2) As from the date on which a transfer of fine order is made with respect to any sum, all functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order, or the clerk of that court, shall be exercisable by a court. acting for the petty sessions area specified in the order, or the clerk of that court, as the case may be, and not otherwise.

(3) Where it appears to a court by which functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order that the person liable to pay the sum is residing in a petty sessions area other than that for which the court is acting, the court may make a further transfer of fine order with respect to that sum.

(4) In this section and sections 90 and 91 below, references to this Part of this Act do not include references to section 81(1) above.

90.—(1) Where a magistrates’ court has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum, and it appears to the court that he is residing—
 * (a) within the jurisdiction of a court of summary jurisdiction in Scotland, or
 * (b) in any petty sessions district in Northern Ireland,

the court may order that payment of the sum shall be enforceable by that court of summary jurisdiction or, as the case may be, in that petty sessions district.

(2) An order under this section shall specify the court of summary jurisdiction by which or petty sessions district in which payment of the sum in question is to be enforceable; and if—
 * (a) that sum is more than £100 or is a fine originally imposed by the Crown Court or the sheriff court, and
 * (b) payment is to be enforceable in Scotland,

the court to be so specified shall be the sheriff court.

(3) Where an order is made under this section with respect to any sum, any functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order or by the clerk of that court shall cease to be so exercisable.