Enforcement of order for restitution
72 Enforcement of order for restitution
The Scheme Executive has, and is to exercise, the functions of a registrar of a court under Division 3 of Part 2 of the Fines Act 1996 (as they apply under Part 7A of that Act) in relation to an amount payable under an order for restitution.
Note.
Under the Fines Act 1996, a restitution amount is taken to be a fine and is to be referred to the Fines Commissioner for enforcement under that Act if it is not paid by the due date or if the person required to pay the restitution amount seeks a time to pay order in respect of the amount.
If the Scheme Executive confirms an order for restitution following an objection by the defendant, the Scheme Executive is not to refer the matter to the Fines Commissioner for the making of a court fine enforcement order under the Fines Act 1996—
before the period in which an application may be made to the Tribunal by the defendant for an administrative review of the decision to make the order has expired, or
if the defendant has applied to the Tribunal for an administrative review of the decision to make the order, until the application is finally determined.
If a matter is referred to the Fines Commissioner for the making of a court fine enforcement order, the Scheme Executive must provide the Fines Commissioner with any information about the order for restitution that the Fines Commissioner reasonably requires to monitor the status of the order.
This Act’s bill:Explanatory memorandumSecond reading speech
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