Fines (Payment and Recovery) Act 2014

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Provisions supplementary to section 8

9. (1) For the purposes of this section—

“electronic” has the meaning assigned to it by the Electronic Commerce Act 2000 and “electronic notice” shall be construed accordingly;

“issued in a non-paper format” includes issued in facsimile;

“notice” means the copy of the recovery order given to the receiver under section 8 (2)(a).

(2) A notice may—

(a) be given in an electronic or other format, and

(b) where the notice is given in a non-paper format, be reproduced in a paper format by the receiver or by a person authorised by the receiver to do so (in this section referred to as an “authorised person”).

(3) A notice given in a non-paper format in accordance with subsection (2) shall—

(a) constitute a valid notice for the purposes of section 8 (2),

(b) be deemed to have been made by the court, and

(c) be deemed to have been given on the date that the notice was given to the receiver.

(4) (a) Where a notice is reproduced in a paper format in accordance with subsection (2)(b) and—

(i) the reproduction contains, or there is appended to it, a note to the effect that it is a copy of the notice, and

(ii) the note contains the signature of the receiver or of an authorised person and the date of such signing,

then the copy of the notice with the note so signed and dated shall, for all purposes, have effect as if it were the notice itself.

(b) A signature or date in a note, on a copy of, or appended to, a notice given in a non-paper format, and reproduced in a paper format in accordance with subsection (2)(b), that—

(i) in respect of such signature, purports to be that of the receiver or of an authorised person, shall be taken, unless the contrary is shown, to be the signature of the receiver or of, at the material time, an authorised person, and

(ii) in respect of such date, shall be taken, unless the contrary is shown, to have been duly dated.