Page:Criminal Law Act 1977.pdf/89

Sch. 7

in Scotland, Schedule 3 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 407(1) of the Criminal Procedure (Scotland) Act 1975.

(3) Where a transfer of fine order under section 403 of the 1975 c. 21.
1964 c. 21 (N.I.)Criminal Procedure (Scotland) Act 1975 or section 104A of the Magistrates’ Courts Act (Northern Ireland) 1964 provides for the enforcement in a petty sessions area in England and Wales of a fine originally imposed by the Crown Court, a magistrates’ court acting for that area shall have all the like functions under this Part of this Act, exercisable subject to the like restrictions, as if it were the magistrates’ court by which payment of the fine fell to be enforced by virtue of section 32(1) of the 1973 c. 62.Powers of Criminal Courts Act 1973, and as if any order made under the said Act of 1975 or, as the case may be, 1964 in respect of the fine before the making of the transfer of fine order had been made by that court.”.

Scotland

2.—(1) Section 403 of the 1975 c. 21.Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (b) there shall be inserted the words—

“, or

(c) in any petty sessions district in Northern Ireland,”;

(b) the words “if no term of imprisonment has been fixed by the court in default of payment of the fine” shall be omitted; and

(c) after “petty sessions area there shall be inserted the words or petty sessions district”.

(3) In subsection (2) after the words “petty sessions area” there shall be inserted the words or “petty sessions district”.

(4) In subsection (4)—

(a) for the words from within to “1952 c. 55.Magistrates’ Courts Act 1952” there shall be substituted the words “under this section, section 72A of the Magistrates’ Courts Act 1952 or section 104A of the Magistrates’ Courts Act (Northern Ireland) 1964”; and

(b) for the words “or the said Act of 1952” there shall be substituted the words “, the said Act of 1952 or the said Act of 1964”.

(5) Subsection (5) shall cease to have effect.

(6) In subsection (6) after the words “section 72A of the Magistrates’ Courts Act 1952” there shall be inserted the words “section 104A of the Magistrates’ Courts Act (Northern Ireland) 1964”.