Fines and Penalties (Recovery) Act 2001
113Allocation of monies
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113 Allocation of monies (1) If an enforcement order is satisfied by means other than by payment of the full amount payable, or if money is to be disbursed prior to complete satisfaction of the order, any money that has been received by the Fines Recovery Unit in relation to the order is to be allocated as follows: (aa) first – to the payment of any order for restitution or compensation (and if there is more than one such order – rateably between those orders); (a) next – to the payment of bailiff costs and expenses under section 74 or 78A; (b) next – to the payment of any costs incurred by the Unit in taking enforcement action under Division 8 of Part 5; (c) next – to the payment of any bailiff costs and expenses not covered by paragraph (b); (d) next – to the payment of any prescribed amounts payable in relation to enforcement action taken by the Fines Recovery Unit under Division 7 of Part 5; (e) next – to the payment of prescribed amounts payable to the Unit for the making of the enforcement order;
Fines and Penalties (Recovery) Act 2001 68 (f) next – to the payment of witness expenses payable by the fine defaulter under an order of a court in proceedings for an offence that were brought by a law enforcement officer; (g) next – to the payment of the levy payable under Part 6 of the Victims of Crime Assistance Act 2006; (h) next – to the payment of court costs (including expenses or disbursements) payable by the fine defaulter under an order of a court in proceedings for an offence that were brought by a law enforcement officer; (i) the residue, if any: (i) in the case of a fine enforcement order (including an order for the enforcement of a forfeited bail undertaking) – to the payment of the fine or fines concerned; and (ii) in the case of a penalty enforcement order – to the enforcement agency in payment of the prescribed costs for issuing a courtesy letter and then to payment of the penalty amount under the infringement notice or notices concerned. (2) If more than one enforcement agency is to receive the residue under subsection (1)(i), the available money is to be allocated between the enforcement agencies to pay the prescribed costs for each to issue courtesy letters, the remainder being allocated rateably between the agencies according to the relative penalty amounts payable under the infringement notices concerned.