Rule 3
|
(1)
|
An authority which wishes to take proceedings under
this Order shall give notice to the court officer and, where the court officer
so allows, a combined request for an order and a warrant of execution may be
made, and such an order may be enforced and a warrant executed in accordance
with the following provisions of this Order.
|
|
(2)
|
An authority shall file a combined request for an
order and a warrant of execution in the appropriate form or in another manner
approved by the court officer scheduling the fixed penalties in respect of
which an order and warrant of execution are sought.
|
|
(3)
|
The authority shall in the request or in another
manner approved by the court officer-- certify -
- that 56 days have elapsed since the
issue of the fixed penalty notice,
- the amount due under the fixed penalty
notice and the date on which it was issued, and
- that the amount due remains
unpaid;
- give the number of the fixed penalty
notice;
- specify (whether by reference to the
appropriate code or otherwise) the grounds stated in the fixed penalty notice
and in regulation 2(1)(d) of the 1997 Regulations on which the authorised
person who issued the fixed penalty notice believed that a fixed penalty was
payable with respect to that vehicle;
- state-
- the name and address of the respondent
and where known, his title;
- the registration number of the vehicle
concerned;
- (whether by reference to the
appropriate fixed penalty notice number or otherwise) the authoritys
address for service;
- the court fee.
|
|
(4)
|
If satisfied that the combined request is in order,
the court officer shall order that the fixed penalty (together with the court
fee) may be recovered as if it were payable under a county court order by
sealing the request and returning it to the authority.
|
|
(5)
|
When the court officer so orders and on receipt of
the sealed request, the authority shall, within 7 days of the sealing of the
request, prepare the warrant in the appropriate form.
|
Rule 5
|
(1)
|
Rule 5 of Order 48B shall apply to this Order with
the modifications referred to in paragraphs (2), (3) and (4).
|
|
(2)
|
Paragraphs (3), (4) and (7) of rule 5 shall not
apply.
|
|
(3)
|
Sub-paragraphs (c) and (d) of rule 5(9) shall not
apply.
|
|
(4)
|
In paragraph (11) of rule 5, the references to the
words charge certificate shall be references to the words
fixed penalty notice.
|
|
(5)
|
Where a fixed penalty notice is withdrawn under
regulation 12 of the 1997 Regulations-- any order made or warrant issued in respect
of that fixed penalty notice is deemed to be revoked;
- any execution issued on the order shall cease
to have effect, and
- the authority shall forthwith inform any
bailiff instructed to levy execution of the withdrawal of the warrant.
|