Vehicles (Excise) Act 1971 (Repealed 1.9.1994)
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Change 1
34 Fixing of amount payable under s. 9 on plea of guilty by absent accused.
(1) Where in pursuance of section 12(2) of the Magistrates’ Courts Act 1980 a person is convicted in his absence of an offence under section 8 of this Act , or under section 102 of the Customs and Excise Management Act 1979 in relation to a licence issued under this Act, and it is proved to the satisfaction of the court, on oath or in the manner prescribed by rules made under section 144 of the Magistrates’ Courts Act 1980, that there was served on the accused with the summons a notice stating that, in the event of his being convicted of the offence, it will be alleged that an order requiring him to pay an amount specified in the notice falls to be made by the court in pursuance of section 9(1) or, as the case may be, 26A(1) of this Act then, unless in the notification purporting to be given by or on behalf of the accused in pursuance of the said section 12(2) it is stated that the amount so specified is inappropriate, the court shall proceed in pursuance of the said section 9(1) or, as the case may be, 26A(1) as if that amount had been calculated as required by that subsection. (2) In its application to Northern Ireland, subsection (1) above shall have effect as if— (a) for “section 12(2) of the Magistrates’ Courts Act 1980” and “the said section 12(2)” there were substituted “Article 24(2) of the Magistrates’ Courts (Northern Ireland) Order 1981” and “the said Article 24(2)” respectively; and (b) for the words from “or in” to “1980” there were substituted “or by affidavit or in the manner prescribed by magistrates’ courts rules as defined by Article 2(3) of the Magistrates’ Courts (Northern Ireland) Order 1981”.
34 Fixing of amount payable under s. 9 on plea of guilty by absent accused.
(1) Where in pursuance of section 12(2) of the Magistrates’ Courts Act 1980 a person is convicted in his absence of an offence under section 8 of this Act , or under section 102 of the Customs and Excise Management Act 1979 in relation to a licence issued under this Act, and it is proved to the satisfaction of the court, on oath or in the manner prescribed by rules made under section 144 of the Magistrates’ Courts Act 1980, that there was served on the accused with the summons a notice stating that, in the event of his being convicted of the offence, it will be alleged that an order requiring him to pay an amount specified in the notice falls to be made by the court in pursuance of section 9(1) or, as the case may be, 26A(1) of this Act then, unless in the notification purporting to be given by or on behalf of the accused in pursuance of the said section 12(2) it is stated that the amount so specified is inappropriate, the court shall proceed in pursuance of the said section 9(1) or, as the case may be, 26A(1) as if that amount had been calculated as required by that subsection. (2) In its application to Northern Ireland, subsection (1) above shall have effect as if— (a) for “section 12(2) of the Magistrates’ Courts Act 1980” and “the said section 12(2)” there were substituted “Article 24(2) of the Magistrates’ Courts (Northern Ireland) Order 1981” and “the said Article 24(2)” respectively; and (b) for the words from “or in” to “1980” there were substituted “or by affidavit or in the manner prescribed by magistrates’ courts rules as defined by Article 2(3) of the Magistrates’ Courts (Northern Ireland) Order 1981”.
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