Page:Magistrates’ Courts Act 1980.pdf/88

80c. 43

(3) Notwithstanding subsection (2)(b) above, the officer may release the defaulter at any time within 4 hours before 8 o’clock in the morning if the officer thinks it expedient to do so in order to enable him to go to his work or for any other reason appearing to the officer to be sufficient. Fees, fines, forfeitures, etc.

137.—(1) Subject to the provisions of this section, the court fees set out in Part I of Schedule 6 to this Act, and no others, shall be chargeable by clerks of magistrates’ courts; and any enactment providing for the payment of any fees for the payment of which provision is made in the said Part I shall have effect accordingly.

(2) No fee shall be chargeable by a clerk of a magistrates’ court in respect of any matter specified in Part II of the said Schedule.

(3) Nothing in this section shall affect the fees chargeable in respect of the matters specified in Part III of the said Schedule.

(4) The Secretary of State may from time to time by order make such variations in Part I of the said Schedule as may seem to him proper.

(5) The power to make an order under subsection (4) above shall be exercisable by statutory instrument; and a draft of any such statutory instrument shall be laid before Parliament.

(6) This section shall apply to magistrates’ courts held by metropolitan stipendiary magistrates as it applies to other magistrates’ courts.

138. A magistrates’ court may on the ground of poverty or for other reasonable cause remit in whole or in part any fee payable in proceedings before the court.

139. A clerk of a magistrate’ court shall apply moneys received by him on account of a sum adjudged to be paid by a summary conviction as follows—
 * (a) in the first place in payment of any compensation adjudged by the conviction to be paid to any person;
 * (b) in the second place in payment of any costs so adjudged to be paid to the prosecutor; and
 * (c) the balance to the fund to which, or the person to whom, he is required to pay the sum by section 61 of the Justices of the Peace Act 1979 or any other enactment relating to the sum.