Fines Act 2010

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Appointment of receiver in default of payment of fine.

16.— (1) A court shall, when imposing a fine on a person consequent upon his or her being convicted of an offence, make an order (in this section referred to as a “recovery order”) appointing an approved person (in this section referred to as a “receiver”) to—

(a) recover—

(i) the fine, or, as may be appropriate, that part of the fine that, upon the notification of the receiver under subsection (2), remains unpaid, and

(ii) the fees of the receiver and the expenses reasonably incurred by the receiver in the performance of his or her functions, or

(b) seize and sell property belonging to the first-mentioned person and recover from the proceeds of the sale of that property a sum equal to the amount of—

(i) the fine, or, as may be appropriate, that part of the fine that, upon the notification of the receiver under subsection (2), remains unpaid, and

(ii) the fees of the receiver and the expenses reasonably incurred by the receiver in the performance of his or her functions.

(2) A recovery order shall not enter into force unless the person in respect of whom the order is made fails to pay the fine by the due date for payment and, where the person so fails, the order shall have effect from the day immediately following the day on which the Courts Service notifies the receiver concerned in writing that the person has failed to pay the fine by that date.

(3) A recovery order may authorise the receiver appointed thereunder (alone or accompanied by such and so many members of the Garda Síochána as he or she considers necessary) to—

(a) enter (if necessary by the use of reasonable force) any premises, including a dwelling, at which he or she has reasonable grounds for believing property belonging to the person is located,

(b) demand, and take possession of (if necessary by the use of reasonable force), any property specified in the order or that belongs to the person,

(c) issue receipts in respect of any property of which the receiver has taken possession,

(d) manage, dispose of, retain or otherwise deal with the property,

(e) insure the property, and

(f) inspect, at all reasonable times, any books, documents or other records that contain information relating to property belonging to the person.

(4) A receiver shall perform his or her functions subject to any directions or conditions specified in the recovery order by which he or she is appointed, including any directions or conditions with regard to the receiver's paying amounts received by him or her into court.

(5) A receiver may, at any time after receiving a notification under subsection (2), apply to the court that made the recovery order under which he or she was appointed for directions in relation to the performance of his or her functions under this Act.

(6) Any person who is in possession of property belonging to the person in relation to whose property a receiver has been appointed shall deliver that property to the receiver upon the receiver making a demand of him or her in that behalf.

(7) (a) Where the receiver sells property belonging to the person in relation to whose property the receiver has been appointed and the proceeds of the sale exceed the amount of the fine or the amount of the fine remaining unpaid, as the case may be, the receiver shall pay to the person so much of those proceeds as exceeds that amount.

(b) In this subsection “fine” includes the fees of the receiver and any expenses reasonably incurred by the receiver in the performance of his or her functions.

(8) A person who—

(a) fails to comply with subsection (6), or

(b) obstructs or interferes with a receiver in the course of the performance by him or her of his or her functions or impedes the performance by the receiver of those functions,

shall be guilty of an offence and shall be liable upon summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(9) (a) The Minister may, by order, specify—

(i) the fees that a receiver may deduct from any sum or sums recovered by him or her, or obtained from the proceeds of the sale of any property by him or her, in accordance with this section, or

(ii) the rates at which fees that may be so deducted shall be calculated.

(b) The Minister shall not make an order under this subsection without the consent of the Minister for Finance.

(10) The receiver shall make and maintain a record in writing of—

(a) the fees deducted, and

(b) the expenses incurred and deducted,

by him or her from the sum or sums recovered, or the proceeds of the sale of any property sold, by him or her pursuant to a recovery order.

(11) The receiver shall, not later than 6 months after the performance by him or her of his or her functions pursuant to a recovery order, give to the Courts Service the record required to be made and maintained under subsection (10) relating to that recovery order.

(12) If a receiver makes, or causes to be made, an entry in a record required to be made and maintained under subsection (10) that—

(a) is false or misleading in any material respect, and

(b) he or she knows to be false or misleading,

he or she shall be guilty of an offence and shall be liable—

(i) upon summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(ii) upon conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(13) A record required to be made and maintained under subsection (10) shall be in such form as the Courts Service shall determine.

(14) In this section—

“ due date for payment ” means, in relation to a fine—

(a) the date specified by the court that imposed the fine as being the date by which the fine is required to be paid, or

(b) where a direction is given under section 15 , the date by which the final instalment of the fine is required to be paid in accordance with that direction;

“property” means land or personal property.