Part 3Enforcement of pecuniary sums

Part 3—Enforcement of pecuniary sums 8—Pecuniary sum is debt (1) A pecuniary sum due and payable is to be taken for the purposes of this Act to be a debt due to the Crown and is recoverable by the Chief Recovery Officer by action in any court of competent jurisdiction or as otherwise set out in this Act. (2) Subsection (1) does not limit the ability of a person to take action to recover a sum due and payable to the person. 9—Amounts due under expiation notices may be treated as part of pecuniary sum (1) Subject to this section, the Chief Recovery Officer may make a determination under this section (an aggregation determination) if a debtor who owes a pecuniary sum also has an amount due under an expiation notice (an expiation amount) and— (a) the debtor has requested the making of the aggregation determination; or (b) an enforcement determination has been made in relation to the expiation amount under section 22. (2) If the debtor requests the making of the aggregation determination but no enforcement determination has been made under section 22 in relation to the expiation amount, the Chief Recovery Officer may refuse to make a determination under this section unless the issuing authority pays the prescribed fee. (3) On the making of an aggregation determination— (a) the expiation amount will be taken to be part of the pecuniary sum owed by the debtor; and (b) subject to the regulations, the debtor will, for the purposes of an Act or law other than this Act or the Expiation of Offences Act 1996, be taken to have expiated the offence or offences to which the determination relates (unless the debtor is already taken to have expiated the offence in accordance with section 20(21) or section 22); and (c) any enforcement determination made in relation to the expiation amount is suspended. (4) For the purposes of section 14, an expiation fee that is subject to an aggregation determination is taken to be a pecuniary sum imposed by order of a court and the 28 day period referred to in section 11 is taken to have ended on the day on which the expiation period ended. (5) If— (a) an amount due under an expiation notice is included in an aggregation determination; and (b) the expiation notice is withdrawn under section 16 of the Expiation of Offences Act 1996, the expiation amount under the withdrawn notice is to be deducted from the amount due under the aggregation determination. (6) The Chief Recovery Officer may revoke an aggregation determination at any time by notice in writing given to the debtor. (7) A revocation takes effect 7 days from (and including) the day on which the notice referred to in subsection (6) was given to the debtor. (8) On the revocation of an aggregation determination under subsection (6)— (a) the remaining expiation amount must be determined by the Chief Recovery Officer, taking into account— (i) any deductions that should be made on account of amounts that have been paid by or recovered from the debtor since the making of the determination; and (ii) any additions that should be made on account of amounts that have accrued in accordance with section 14 since the making of the determination; and (b) the remaining expiation amount so determined will no longer be taken to be part of the pecuniary sum; and (c) — (i) if an enforcement determination had been made prior to the making of the aggregation determination—the enforcement determination comes back into force (and this Act applies to the remaining expiation amount as if the aggregation determination had not been made); or (ii) in any other case—the Chief Recovery Officer may make an enforcement determination in relation to the remaining expiation amount under section 22 (and any procedural or other requirements relating to the making of such determinations will be taken to have been complied with). 10—Enforcement against youths This Act applies to a debtor who is a youth (ie a person who was under the age of 18 years at the time when the offence in respect of which the pecuniary sum was imposed was committed) but an additional power exists for the youth or the Chief Recovery Officer to apply, at any time, to the Youth Court for the making of a community service order in respect of the youth (as if section 46 applied in respect of the pecuniary sum).