These Regulations may be cited as the Fixed Penalty (Procedure) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.

In the Fixed Penalty (Procedure) Regulations 1986–

(a)    in regulation 5(3) for the words “justices' clerk”, in each place where they occur, there shall be substituted the words “justices' chief executive”; and

(b)    in regulation 8 for the words “justices' clerk at” there shall be substituted the words “justices' chief executive for”.

Jack Straw

One of Her Majesty's Principal Secretaries of State

Home Office

10th March 2001

These Regulations amend the Fixed Penalty (Procedure) Regulations 1986 to transfer administrative functions of justices' clerks' under those Regulations to justices' chief executives in accordance with sections 90 (transfer of clerks' functions to chief executives) and 91 (accounting etc functions of chief executives) of, and Schedule 13 to, the Access to Justice Act 1999.

Subsection (5) of section 90 provides that for the purposes of that section the administrative functions of justices' clerks are all of their functions apart from those which are legal functions within the meaning given by section 48(2) of the Justices of the Peace Act 1997 (c 25), as substituted by section 89(1) of the 1999 Act.