sec.175AAllocation of part payments

### sec.175A Allocation of part payments An amount received by a clerk of the court from a person under a decision must be applied in the following order— compensation; restitution; damages; a fixed portion of a penalty ordered to be paid to an individual; court fees paid by the complainant or defendant; court fees ordered to be paid and not already paid by the complainant or defendant mentioned in paragraph (e) ; costs and charges of taking and conveying the person making payment to prison, if known and stated in the decision; witnesses’ expenses; professional costs; other fees or costs; any other amount ordered to be paid, including a fine. Subsection (1B) applies if the person is also liable to pay an amount for an offender levy under the Penalties and Sentences Act 1992 , section 179C . For section 175A or 175B , the amount of the levy must be satisfied— after an amount in the category mentioned in subsection (1) (d) ; and before an amount in the category mentioned in subsection (1) (e) . For subsection (1) (k) , subject to any direction given in relation to the amount, the amount must be applied in the way in which fines, penalties or forfeitures are applied. This section applies subject to any direction under the Act under which the complaint was made. s 175A ins 1949 13 Geo 6 No. 30 s 33 amd 1992 No. 40 s 103 sub 1999 No. 67 s 10 amd 2012 No. 17 s 24 (sec.175A-ssec.1) An amount received by a clerk of the court from a person under a decision must be applied in the following order— compensation; restitution; damages; a fixed portion of a penalty ordered to be paid to an individual; court fees paid by the complainant or defendant; court fees ordered to be paid and not already paid by the complainant or defendant mentioned in paragraph (e) ; costs and charges of taking and conveying the person making payment to prison, if known and stated in the decision; witnesses’ expenses; professional costs; other fees or costs; any other amount ordered to be paid, including a fine. (sec.175A-ssec.1A) Subsection (1B) applies if the person is also liable to pay an amount for an offender levy under the Penalties and Sentences Act 1992 , section 179C . (sec.175A-ssec.1B) For section 175A or 175B , the amount of the levy must be satisfied— after an amount in the category mentioned in subsection (1) (d) ; and before an amount in the category mentioned in subsection (1) (e) . (sec.175A-ssec.2) For subsection (1) (k) , subject to any direction given in relation to the amount, the amount must be applied in the way in which fines, penalties or forfeitures are applied. (sec.175A-ssec.3) This section applies subject to any direction under the Act under which the complaint was made. - (a) compensation; - (b) restitution; - (c) damages; - (d) a fixed portion of a penalty ordered to be paid to an individual; - (e) court fees paid by the complainant or defendant; - (f) court fees ordered to be paid and not already paid by the complainant or defendant mentioned in paragraph (e) ; - (g) costs and charges of taking and conveying the person making payment to prison, if known and stated in the decision; - (h) witnesses’ expenses; - (i) professional costs; - (j) other fees or costs; - (k) any other amount ordered to be paid, including a fine. - (a) after an amount in the category mentioned in subsection (1) (d) ; and - (b) before an amount in the category mentioned in subsection (1) (e) .