Fines Act 2010
| Jurisdiction | Ireland |
| Citation | IR No. 8/2010 |
- Full Act
- Act by Section
- Act As Enacted
- Amendments
- PDF annotated
- PDF unannotated
Number 8 of 2010
FINES ACT 2010
REVISED
Updated to 28 May 2019
This Revised Act is an administrative consolidation of Fines Act 2010. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 8 of 2010
FINES ACT 2010
REVISED
Updated to 28 May 2019
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Fines (Payment and Recovery) Act 2014 (7/2014)
All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Finance (Transfer of Departmental Administration and Ministerial Functions (No. 2) Order 2011 (S.I. No. 480 of 2011)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Fines Act 2010 (Commencement) Order 2010 (S.I. No. 662 of 2010)
All statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this revision.
Number 8 of 2010
FINES ACT 2010
REVISED
Updated to 28 May 2019
Acts Referred to
|
Courts (No. 2) Act 1986 |
1986, No. 26 |
|
1951, No. 2 |
|
|
1984, No. 22 |
|
|
2006, No. 26 |
|
|
Criminal Justice Administration Act 1914 |
4 & 5 Geo. 5, c. 58 |
|
Criminal Justice (Community Service) Act 1983 |
1983, No. 23 |
|
2001, No. 50 |
|
|
1967, No. 12 |
Number 8 of 2010
FINES ACT 2010
REVISED
Updated to 28 May 2019
AN ACT TO MAKE PROVISION IN RELATION TO THE MAXIMUM FINES THAT A COURT MAY IMPOSE IN RESPECT OF OFFENCES TRIED SUMMARILY AND CERTAIN OFFENCES TRIED ON INDICTMENT; TO PROVIDE THAT A COURT IN IMPOSING A FINE UPON CONVICTION OF A PERSON OF AN OFFENCE SHALL TAKE ACCOUNT OF A PERSON’S FINANCIAL CIRCUMSTANCES; TO PROVIDE FOR THE PAYMENT OF SUCH FINES BY INSTALMENT IN CERTAIN CIRCUMSTANCES; TO MAKE PROVISION IN RELATION TO THE POWERS OF THE COURT WHERE THERE HAS BEEN A FAILURE ON THE PART OF A CONVICTED PERSON TO PAY A FINE; FOR THOSE PURPOSES TO AMEND THE CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT 1983 AND THE COURTS (NO. 2) ACT 1986; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[31st May, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and terms “Minister for Finance” and “Department of Finance” construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2-4 and sch., in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under—
(a) the provisions of the enactments specified in the Schedule, and
...
are transferred to the Minister for Public Expenditure and Reform.
4. References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
SCHEDULE
Enactments
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... No. 8 of 2010 ... |
... Fines Act 2010 ... |
... Section 20(2) ... |
C2
Functions transferred and terms “Minister for Finance” and “Department of Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of:
(a) the enactments specified in Schedule 1, and
...
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... No. 8 of 2010 ... |
... Fines Act 2010 ... |
... Sections 16(9)(b) and 17 ... |
PART 1
Preliminary and General
Short title and commencement.
1.— (1) This Act may be cited as the Fines Act 2010.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
Annotations
Editorial Notes:
E1
Power pursuant to section exercised (30.12.2010) by Fines Act 2010 (Commencement) Order 2010 (S.I. No. 662 of 2010).
2. The 4th day of January 2011 is appointed as the day on which the following provisions of the Fines Act 2010 (No. 8 of 2010) shall come into operation:
(a) Parts 1 and 2; and
(b) sections 12 and 14.
Definition.
2.— In this Act “Minister” means the Minister for Justice, Equality and Law Reform.
PART 2
Increase of Fines
Definitions.
3.— In this Part—
“class A fine” means a fine not exceeding €5,000;
“class B fine” means a fine not exceeding €4,000;
“class C fine” means a fine not exceeding €2,500;
“class D fine” means a fine not exceeding €1,000;
“class E fine” means a fine not exceeding €500;
“commencement date” means the date of the coming into operation of this Part;
“enactment” means—
(a) an Act of the Oireachtas,
(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or
(c) an instrument made under—
(i) an Act of the Oireachtas, or
(ii) such a statute.
Class A fines.
4.— (1) Where an enactment enacted on or after the commencement date provides that a person who commits an offence under that or any other enactment shall be liable, upon summary conviction, to a class A fine, the reference to class A fine shall be construed as a reference to class A fine within the meaning of this Part.
(2) Subject to...
To continue reading
Request your trial