- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/06/2005)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 03/07/2006
Point in time view as at 30/06/2005. This version of this schedule contains provisions that are not valid for this point in time.
Courts Act 2003, SCHEDULE 5 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 97(1)
Modifications etc. (not altering text)
C1Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)
C2Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)
1(1)This Schedule applies if a person aged 18 or over (“P”) is liable to pay a sum which—
(a)consists of or includes a fine, and
(b)is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by conviction of a magistrates' court.
(2)In sub-paragraph (1)(a) “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction.
Commencement Information
I1Sch. 5 para. 1 wholly in force at 5.4.2004; Sch. 5 para. 1 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 1 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 1 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 1 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
2In this Schedule “the sum due” means the sum adjudged to be paid as mentioned in paragraph 1(1).
Commencement Information
I2 Sch. 5 para. 2 wholly in force at 5.4.2004; Sch. 5 para. 2 not in force at Royal Assent see s. 110(1)(2) ; Sch. 5 para. 2 in force for certain purposes at 23.2.2004 by S.I. 2004/174 , art. 4(a) ; Sch. 5 para. 2 in force for certain further purposes at 29.3.2004 by S.I. 2004/174 , art. 4(b) ; Sch. 5 para. 2 in force for all purposes at 5.4.2004 by S.I. 2004/174 , art. 4(c)
3(1)For the purposes of this Schedule, P is an existing defaulter if it is shown that—
(a)he was required to pay the sum due immediately but failed to do so,
(b)the sum due or any other sum is registered for enforcement against him as a fine under—
(i)section 71 of the Road Traffic Offenders Act 1988,
(ii)section 9 of the Criminal Justice and Police Act 2001, or
(iii)any other enactment specified in fines collection regulations,
(c)he is in default on a collection order in respect of another sum falling within paragraph 1(1), or
(d)he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made.
(2)For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.
(3)Sub-paragraph (2) is subject to sub-paragraph (4).
(4)Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.
(5)In sub-paragraph (1)(a) “immediately” means, where P is informed of his liability to pay the sum due in a notice, within the period specified in the notice.
(6)The period so specified must be a period which—
(a)is not longer than 10 working days, and
(b)begins with the date of the notice.
(7)“Collection order” means an order made under Part 4 of this Schedule.
Commencement Information
I3Sch. 5 para. 3 wholly in force at 5.4.2004; Sch. 5 para. 3 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 3 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 3 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 3 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
4This Part applies if the court which is imposing the liability to pay the sum due concludes—
(a)that P should be required to pay the sum due immediately, and
(b)that he is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
Commencement Information
I4Sch. 5 para. 4 wholly in force at 5.4.2004; Sch. 5 para. 4 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 4 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 4 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 4 in force for all purposes 5.4.2004 by S.I. 2004/174, art. 4(c)
5The court must make an order—
(a)stating its conclusions on the matters referred to in paragraph 4(b),
(b)stating the amount of the sum due, the amount of the fine and the amount of any other part of the sum due, and
(c)informing P of the effect of paragraph 6.
Commencement Information
I5Sch. 5 para. 5 wholly in force at 5.4.2004; Sch. 5 para. 5 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 5 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 5 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 5 in force for all purposes 5.4.2004 by S.I. 2004/174, art. 4(c)
6(1)P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid in accordance with the terms of the order.
(2)The amount of the discount is to be determined in accordance with fines collection regulations, but must not be greater than 50% of the fine.
(3)The discount is given effect by extinguishing P’s liability to pay the part of the sum due that is equal to the amount of the discount.
Commencement Information
I6Sch. 5 para. 6 wholly in force at 5.4.2004; Sch. 5 para. 6 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 6 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 6 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 6 in force for all purposes 5.4.2004 by S.I. 2004/174, art. 4(c)
7(1)This Part applies if—
(a)the court which is imposing the liability to pay the sum due concludes that P should not be required to pay the sum due immediately, or
(b)P was required to pay the sum due immediately but failed to do so.
(2)In the following provisions of this Part, “the relevant court” means—
(a)the court which is imposing the liability to pay the sum due, or
(b)if sub-paragraph (1)(b) applies, the magistrates' court responsible for enforcing payment of the sum due.
Commencement Information
I7Sch. 5 para. 7 wholly in force at 5.4.2004; Sch. 5 para. 7 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 7 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 7 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 7 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Yn ddilys o 03/07/2006
[F17A(1)This paragraph applies if the sum due consists of or includes a sum required to be paid by a compensation order.
(2)The relevant court must make an attachment of earnings order if it appears to the court—
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order.
(3)The relevant court must make an application for benefit deductions if it appears to the court—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(4)If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.]
Textual Amendments
F1Sch. 5 para. 7A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 11
8(1)This paragraph applies if the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.
(2)The court must make an attachment of earnings order if it appears to the court—
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order.
(3)The court must make an application for benefit deductions if it appears to the court—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(4)If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.
Commencement Information
I8Sch. 5 para. 8 wholly in force at 5.4.2004; Sch. 5 para. 8 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 8 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 8 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 8 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
9(1)This paragraph applies if the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
(2)The court may make—
(a)an attachment of earnings order, or
(b)an application for benefit deductions,
if P consents.
Commencement Information
I9Sch. 5 para. 9 wholly in force at 5.4.2004; Sch. 5 para. 9 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 9 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 9 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 9 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Yn ddilys o 03/11/2008
Textual Amendments
F2Sch. 5 paras. 9A-9C and cross-headings inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 41, 153; S.I. 2008/2712, art. 2, Sch. para. 6 (subject to arts. 3, 4)
9A(1)The designated officer for a magistrates' court may make an information request to the Secretary of State for the purpose of facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.E+W
(2)An information request is a request for the disclosure of some or all of the following information—
(a)P's full name;
(b)P's address (or any of P's addresses);
(c)P's date of birth;
(d)P's national insurance number;
(e)P's benefit status.
(3)On receiving an information request, the Secretary of State may disclose the information requested to—
(a)the officer who made the request, or
(b)a justices' clerk specified in the request.
Yn ddilys o 03/11/2008
9B(1)A person to whom information is disclosed under paragraph 9A(3), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.E+W
(2)A person to whom such information is disclosed commits an offence if the person—
(a)discloses or uses the information, and
(b)the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.
(3)But it is not an offence under sub-paragraph (2)—
(a)to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b)to disclose any information which has previously been lawfully disclosed to the public.
(4)It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.
(5)A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Yn ddilys o 03/11/2008
9C(1)This paragraph applies for the purposes of paragraphs 9A and 9B.E+W
(2)“Benefit status”, in relation to P, means whether or not P is in receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—
(a)which benefit it is,
(b)where it is already subject to deductions under any enactment, the nature of the deductions concerned, and
(c)the amount received by P by way of the benefit, after allowing for any such deductions.
(3)“Information” means information held in any form.
(4)“Prescribed” means prescribed by regulations made by the Lord Chancellor.
(5)Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.]
10E+WIn this Schedule—
(a)“relevant benefit” means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support etc.), and
(b)“application for benefit deductions”, in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.
Commencement Information
I10Sch. 5 para. 10 wholly in force at 5.4.2004; Sch. 5 para. 10 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 10 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 10 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 10 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
11(1)This Part applies if—
(a)the court imposing the liability to pay the sum due concludes that P should not be required to pay the sum due immediately, or
(b)P was required to pay the sum due immediately but failed to do so;
(and it applies whether or not the relevant court has made an attachment of earnings order or application for benefit deductions under Part 3 of this Schedule).
(2)In this Part “the relevant court” has the same meaning as in Part 3 of this Schedule.
Commencement Information
I11Sch. 5 para. 11 wholly in force at 5.4.2004; Sch. 5 para. 11 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 11 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 11 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 11 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
12(1)The relevant court must make an order (“a collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order.E+W
(2)If P is subject to a collection order, the powers of any court to deal with P’s liability to pay the sum due are subject to the provisions of this Schedule and to fines collection regulations.
Commencement Information
I12Sch. 5 para. 12 wholly in force at 5.4.2004; Sch. 5 para. 12 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 12 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 12 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 12 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
13(1)The collection order must—
(a)state the amount of the sum due, the amount of the fine and the amount of any other part of the sum due,
(b)state the court’s conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,
(c)if the court has made an attachment of earnings order or an application for benefit deductions, state that fact,
(d)specify the fines office to which the order is allocated, and
(e)contain information about the effect of the order.
(2)In this Schedule “the fines officer”, in relation to P, means any fines officer working at the fines office specified in the collection order.
Commencement Information
I13Sch. 5 para. 13 wholly in force at 5.4.2004; Sch. 5 para. 13 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 13 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 13 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 13 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
14(1)If the relevant court has not under Part 3 made an attachment of earnings order or an application for benefit deductions, the collection order must state the payment terms.E+W
(2)“The payment terms” means—
(a)a term requiring P to pay the sum due within a specified period, or
(b)terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.
Commencement Information
I14Sch. 5 para. 14 wholly in force at 5.4.2004; Sch. 5 para. 14 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 14 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 14 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 14 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
15(1)If the court has under Part 3 of this Schedule made an attachment of earnings order or an application for benefit deductions, the collection order must state the reserve terms.
(2)“The reserve terms” means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32, 35, 36 and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.
Commencement Information
I15Sch. 5 para. 15 wholly in force at 5.4.2004; Sch. 5 para. 15 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 15 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 15 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 15 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
16E+WFor the purposes of this Schedule, an attachment of earnings order fails if—
(a)P’s employer fails to comply with the order, or
(b)the order is discharged at a time when P remains liable to pay any part of the sum due.
Commencement Information
I16Sch. 5 para. 16 wholly in force at 5.4.2004; Sch. 5 para. 16 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 16 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 16 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 16 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
17E+WFor the purposes of this Schedule, an application for benefit deductions fails if—
(a)the application is withdrawn,
(b)the Secretary of State decides not to make deductions,
(c)an appeal against a decision of the Secretary of State to make deductions succeeds, or
(d)the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.
Commencement Information
I17Sch. 5 para. 17 wholly in force at 5.4.2004; Sch. 5 para. 17 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 17 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 17 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 17 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
18This Part applies if—
(a)a collection order has been made in respect of the sum due, and
(b)the order states that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
Commencement Information
I18Sch. 5 para. 18 wholly in force at 5.4.2004; Sch. 5 para. 18 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 18 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 18 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 18 in force for all purposes 5.4.2004 by S.I. 2004/174, art. 4(c)
19(1)P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid without P at any time having been in default on the order.
(2)The amount of the discount is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.
(3)The discount is given effect by extinguishing P’s liability to pay the part of the sum due that is equal to the amount of the discount.
Commencement Information
I19Sch. 5 para. 19 wholly in force at 5.4.2004; Sch. 5 para. 19 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 19 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 19 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 19 in force for all purposes 5.4.2004 by S.I. 2004/174, art. 4(c)
20For the purposes of this Schedule, P is in default on a collection order if he fails to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date on which it is required to be paid.
Commencement Information
I20Sch. 5 para. 20 wholly in force at 5.4.2004; Sch. 5 para. 20 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 20 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 20 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 20 in force for all purposes 5.4.2004 by S.I. 2004/174, art. 4(c)
21E+WThis Part applies if the court has made a collection order and the order contains payment terms.
Commencement Information
I21Sch. 5 para. 21 wholly in force at 5.4.2004; Sch. 5 para. 21 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 21 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 21 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 21 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
22(1)P may, at any time—E+W
(a)after the collection order is made and before Part 7 applies, and
(b)when he is not in default on the order,
apply to the fines officer under this paragraph.
(2)P may apply for—
(a)the payment terms to be varied, or
(b)an attachment of earnings order or application for benefit deductions to be made.
(3)No application may be made under sub-paragraph (2)(a) unless—
(a)there has been a material change in P’s circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or
(b)P is making further information about his circumstances available.
(4)On an application under sub-paragraph (2)(a), the fines officer may decide—
(a)to vary the payment terms in P’s favour, or
(b)not to vary them.
(5)On an application under sub-paragraph (2)(b), the fines officer may decide—
(a)to make an attachment of earnings order or application for benefit deductions, or
(b)not to do so.
(6)If he decides to make an order or application he must vary the collection order so that it states reserve terms.
(7)The reserve terms must not be less favourable to P than the payment terms.
(8)A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
(9)Subject to paragraph 23, the effect of—
(a)a decision under sub-paragraph (4)(a), and
(b)a variation under sub-paragraph (6),
is that the collection order has effect as varied by the fines officer.
Commencement Information
I22Sch. 5 para. 22 wholly in force at 5.4.2004; Sch. 5 para. 22 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 22 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 22 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 22 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
23(1)P may, within 10 working days from the date of a decision under paragraph 22, appeal to the magistrates' court against the decision.E+W
(2)On an appeal under this paragraph the magistrates' court may—
(a)confirm or vary the payment terms (or the reserve terms),
(b)if the appeal is against a decision on an application under paragraph 22(2)(b) or if P consents, make an attachment of earnings order or an application for benefit deductions, or
(c)discharge the collection order and exercise any of its standard powers in respect of persons liable to pay fines.
(3)If the court makes an attachment of earnings order or an application for benefit deductions, it must vary the collection order so that it states reserve terms.
Commencement Information
I23Sch. 5 para. 23 wholly in force at 5.4.2004; Sch. 5 para. 23 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 23 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 23 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 23 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
24(1)A power to vary the payment terms of a collection order includes power to—E+W
(a)substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or
(b)substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.
(2)Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.
(3)Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—
(a)the number of instalments payable;
(b)the amount of any instalment;
(c)the date on or before which any instalment is required to be paid.
(4)This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.
Commencement Information
I24Sch. 5 para. 24 wholly in force at 5.4.2004; Sch. 5 para. 24 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 24 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 24 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 24 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Yn ddilys o 03/07/2006
[F324AFor the purposes of this Schedule, P is in default on a collection order if he fails to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date on which it is required to be paid.]
Textual Amendments
F3Sch. 5 para. 24A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 18
25E+WThis Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—
(a)an application under paragraph 22 (application to fines officer for variation of order or for attachment of earnings order etc.);
(b)an appeal under paragraph 23 (appeal against decision of fines officer);
(c)a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
Commencement Information
I25Sch. 5 para. 25 wholly in force at 5.4.2004; Sch. 5 para. 25 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 25 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 25 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 25 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
26(1)The fines officer must make an attachment of earnings order if it appears to him—E+W
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order.
(2)The fines officer must make an application for benefit deductions if it appears to him—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(3)If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.
Commencement Information
I26Sch. 5 para. 26 wholly in force at 5.4.2004; Sch. 5 para. 26 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 26 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 26 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 26 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
27(1)This paragraph applies if—
(a)an attachment of earnings order, or
(b)an application for benefit deductions,
made under paragraph 26 fails.
(2)This paragraph also applies if the fines officer does not make—
(a)an attachment of earnings order, or
(b)an application for benefit deductions,
under paragraph 26.
(3)An increase is imposed on the fine which is the subject of the order.
(4)The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.
(5)The increase is given effect by treating it as part of the fine imposed on P on his conviction.
(6)But the liability to pay the part of the fine representing the increase—
(a)ranks after the liability to pay any other part of the sum due, and
(b)is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).
Commencement Information
I27Sch. 5 para. 27 wholly in force at 5.4.2004; Sch. 5 para. 27 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 27 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 27 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 27 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
28If an increase is imposed, the fines officer must deliver a notice to P (an “increase notice”)—
(a)informing P of the increase, and
(b)requiring P, within 10 working days from the date of the notice, to contact the fines officer, in person or in writing, with a view to reviewing the position.
Commencement Information
I28Sch. 5 para. 28 wholly in force at 5.4.2004; Sch. 5 para. 28 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 28 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 28 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 28 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
29E+WThis Part applies if—
(a)a collection order contains reserve terms, and
(b)the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.
Commencement Information
I29Sch. 5 para. 29 wholly in force at 5.4.2004; Sch. 5 para. 29 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 29 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 29 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 29 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
30E+WThe fines officer must deliver to P a notice (“a payment notice”) informing P—
(a)that the order or application has failed and the reserve terms have effect,
(b)what P has to do to comply with the reserve terms, and
(c)of his right to make applications under paragraph 31.
Commencement Information
I30Sch. 5 para. 30 wholly in force at 5.4.2004; Sch. 5 para. 30 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 30 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 30 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 30 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
31(1)P may, at any time—
(a)after the date of a payment notice under paragraph 30 and before an increase is imposed under paragraph 33, and
(b)when he is not in default on the collection order,
apply to the fines officer for the reserve terms to be varied.
(2)No application may be made under sub-paragraph (1) unless—
(a)there has been a material change in P’s circumstances since the reserve terms were set (or last varied under this paragraph), or
(b)P is making further information about his circumstances available.
(3)On such an application being made, the fines officer may decide—
(a)to vary the reserve terms in P’s favour, or
(b)not to vary them.
(4)A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
(5)Subject to paragraph 32, the effect of a decision under sub-paragraph (3)(a) is that the collection order has effect with the reserve terms varied in the way decided by the fines officer.
Commencement Information
I31Sch. 5 para. 31 wholly in force at 5.4.2004; Sch. 5 para. 31 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 31 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 31 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 31 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
32(1)P may, within 10 working days from the date of a decision under paragraph 31(3), appeal to the magistrates' court against the decision.
(2)On an appeal under this paragraph the magistrates' court may—
(a)confirm or vary the reserve terms, or
(b)discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.
Commencement Information
I32Sch. 5 para. 32 wholly in force at 5.4.2004; Sch. 5 para. 32 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 32 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 32 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 32 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
33(1)This paragraph applies on the first occasion on which P is in default on the collection order and none of the following is pending—
(a)an application under paragraph 31(1) (application to fines officer for variation of reserve terms);
(b)an appeal under paragraph 32(1) (appeal against decision of fines officer);
(c)a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
(2)An increase is imposed on the fine which is the subject of the order.
(3)The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.
(4)The increase is given effect by treating it as part of the fine imposed on P on his conviction.
(5)But the liability to pay the part of the fine representing the increase—
(a)ranks after the liability to pay any other part of the sum due, and
(b)is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).
Commencement Information
I33Sch. 5 para. 33 wholly in force at 5.4.2004; Sch. 5 para. 33 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 33 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 33 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 33 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
34If an increase is imposed the fines officer must deliver a notice to P (an “increase notice”)—
(a)informing P of the increase, and
(b)requiring P, within 10 working days from the date of the notice, to contact the fines officer, in person or in writing, with a view to reviewing the position.
Commencement Information
I34Sch. 5 para. 34 wholly in force at 5.4.2004; Sch. 5 para. 34 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 34 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 34 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 34 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
35(1)This paragraph applies if P contacts the fines officer as required by an increase notice under paragraph 28 or 34.
(2)The fines officer may decide—
(a)to vary the payment terms (or the reserve terms) in P’s favour, or
(b)not to vary them.
(3)A decision of the fines officer under sub-paragraph (2) must be in writing, dated and delivered to P.
(4)P may, within 10 working days from the date of the decision under sub-paragraph (2), appeal to the magistrates' court against the decision.
(5)Subject to paragraph 39 (powers of court after increase), the effect of a decision under sub-paragraph (2)(a) is to vary the payment terms (or the reserve terms).
(6)If, after the payment terms (or the reserve terms) are varied under sub-paragraph (2)(a), all amounts due under the order, other than the part of the fine representing the increase, are paid without P being in further default on the order, P’s liability to pay that part is extinguished.
Commencement Information
I35Sch. 5 para. 35 wholly in force at 5.4.2004; Sch. 5 para. 35 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 35 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 35 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 35 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
36(1)P may, at any time—
(a)after a relevant variation of the payment terms (or the reserve terms) and before paragraph 37 applies in relation to him, and
(b)when he is not in default on the collection order,
apply to the fines officer for those terms to be further varied.
(2)“Relevant variation of the payment terms (or the reserve terms)” means—
(a)a variation under paragraph 35(2)(a) (variation in P’s favour following increase), or
(b)a variation under paragraph 39(3)(a) (variation by court).
(3)No application may be made under sub-paragraph (1) unless—
(a)there has been a material change in P’s circumstances since—
(i)the relevant variation, or
(ii)the last variation under this paragraph, or
(b)P is making further information about his circumstances available.
(4)On such an application being made, the fines officer may decide—
(a)to vary the payment terms (or the reserve terms) in P’s favour, or
(b)not to vary them.
(5)A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
(6)P may, within 10 working days from the date of a decision under sub-paragraph (4), appeal to the magistrates' court against the decision.
(7)Subject to paragraph 39, the effect of a decision under sub-paragraph (4)(a) is to vary the payment terms (or the reserve terms).
Commencement Information
I36Sch. 5 para. 36 wholly in force at 5.4.2004; Sch. 5 para. 36 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 36 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 36 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 36 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
37(1)This paragraph applies if P fails to contact the fines officer as required by an increase notice under paragraph 28 or 34.
(2)This paragraph also applies if—
(a)P contacts the fines officer as required by an increase notice under paragraph 28 or 34,
(b)the fines officer decides under paragraph 35(2) not to vary the payment terms (or the reserve terms), and
(c)no appeal under paragraph 35(4) (appeal against decision about variation following increase) is pending.
(3)This paragraph also applies if after the increase is imposed—
(a)there is a relevant variation of the payment terms (or the reserve terms),
(b)no relevant appeal is pending,
(c)no application under paragraph 36(1) (application for further variation in P’s favour) is pending, and
(d)no reference under paragraph 42 (power of fines officer to refer case to magistrates' court) is pending,
but P is again in default on the order.
(4)“Relevant variation of the payment terms (or the reserve terms)” has the same meaning as in paragraph 36.
(5)“Relevant appeal” means an appeal under—
(a)paragraph 35(4) (appeal against decision whether to vary following increase), or
(b)paragraph 36(6) (appeal against decision on application for further variation).
(6)The fines officer must—
(a)refer P’s case to the magistrates' court, or
(b)deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.
(7)Any steps that the fines officer intends to take must be specified in the notice.
(8)A further steps notice must be in writing and dated.
(9)P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.
Commencement Information
I37Sch. 5 para. 37 wholly in force at 5.4.2004; Sch. 5 para. 37 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 37 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 37 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 37 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
38(1)The steps referred to in paragraphs 37(6)(b) and 39(3) and (4) (powers to take further steps) are—
(a)issuing a warrant of distress for the purpose of levying the sum due;
(b)registering the sum in the register of judgments and orders required to be kept by section 98;
(c)making an attachment of earnings order or an application for benefit deductions;
(d)subject to sub-paragraph (3), making a clamping order;
(e)taking any other step permitted under provisions of fines collection regulations which apply any other enforcement power of a magistrates' court (with or without modifications).
(2)A clamping order is an order—
(a)that a motor vehicle be fitted with an immobilisation device (“clamped”), and
(b)which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.
(3)A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 in P’s name.
Commencement Information
I38Sch. 5 para. 38 wholly in force at 5.4.2004; Sch. 5 para. 38 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 38 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 38 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 38 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
39(1)This paragraph applies if the magistrates' court is hearing P’s case following—
(a)an appeal under paragraph 35(4) or 36(6) (appeals against decisions about variation following increase),
(b)a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or
(c)an appeal under paragraph 37(9) (appeal against a further steps notice).
(2)If the magistrates' court is satisfied that the circumstances of P’s case are exceptional, it may make an order that if, after the making of the order, all amounts due under the collection order, other than the part of the fine representing the increase, are paid without P being in further default on the order, P’s liability to pay that part is extinguished.
(3)On an appeal or referral falling within sub-paragraph (1)(a) or (b), the court may—
(a)vary the payment terms (or the reserve terms);
(b)take any of the steps listed in paragraph 38;
(c)discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.
(4)On an appeal against a further steps notice, the court may—
(a)confirm or quash the notice;
(b)vary the notice so as to specify any step listed in paragraph 38;
(c)vary the payment terms (or the reserve terms);
(d)discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.
Commencement Information
I39Sch. 5 para. 39 wholly in force at 5.4.2004; Sch. 5 para. 39 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 39 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 39 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 39 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
40E+WIf—
(a)P does not appeal within 10 working days against a further steps notice, or
(b)he does so but the further steps notice is confirmed or varied,
any step specified in the notice (or the notice as varied) may be taken.
Commencement Information
I40Sch. 5 para. 40 wholly in force at 5.4.2004; Sch. 5 para. 40 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 40 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 40 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 40 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
41(1)This paragraph applies if—E+W
(a)a motor vehicle has been clamped under a clamping order, and
(b)at the end of the period specified in fines collection regulations under paragraph 46 any part of the sum due is unpaid.
(2)The magistrates' court may order that—
(a)the vehicle is to be sold or otherwise disposed of in accordance with those regulations, and
(b)any proceeds are to be applied in accordance with those regulations in discharging P’s liability in respect of the sum due.
Commencement Information
I41Sch. 5 para. 41 wholly in force at 5.4.2004; Sch. 5 para. 41 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 41 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 41 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 41 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
42(1)The fines officer may refer a case to the magistrates' court at any time during the period which—
(a)begins the day after the collection order is made, and
(b)ends with the date on which—
(i)the sum due (including any increase to which he remains liable) is paid, or
(ii)the order is discharged.
(2)On a referral under this paragraph, the court may—
(a)confirm or vary the payment terms (or the reserve terms),
(b)discharge the order and exercise any of its standard powers in respect of persons liable to pay fines, or
(c)to the extent permitted by fines collection regulations, exercise a power it could exercise under any other paragraph.
(3)Fines collection regulations may provide for the fines officer to have the power to issue a summons for the purpose of ensuring that P attends a magistrates' court to whom P’s case has been referred under this paragraph or paragraph 37.
Commencement Information
I42Sch. 5 para. 42 wholly in force at 5.4.2004; Sch. 5 para. 42 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 42 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 42 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 42 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Yn ddilys o 03/07/2006
[F442A(1)This paragraph applies where—
(a)P is in default on a collection order,
(b)the sum due consists of or includes a fine, and
(c)the fines officer has referred P's case to the court—
(i)under paragraph 37(6)(a), or
(ii)after taking any of the steps listed in paragraph 38.
(2)Where the court is satisfied that the default is due to P's wilful refusal or culpable neglect, the court may increase the fine which is the subject of the order.
(3)But the court may not increase any other sum which is the subject of the order.
(4)The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.
(5)The increase is given effect by treating it as part of the fine imposed on P by his conviction.]
Textual Amendments
F4Sch. 5 para. 42A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 29
43E+WIn this Schedule “fines collection regulations” means regulations made by the Lord Chancellor for the purpose of giving effect to this Schedule.
Commencement Information
I43Sch. 5 para. 43 wholly in force at 5.4.2004; Sch. 5 para. 43 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 43 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 43 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 43 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
44(1)Fines collection regulations may, for the purpose of giving effect to this Schedule and section 97 so far as it relates to this Schedule, make provision modifying (or applying with modifications) any enactment which relates to fines or the enforcement of payment of sums falling within paragraph 1(1).
(2)The enactments which may be so modified (or applied with modifications) include enactments containing offences.
(3)Fines collection regulations may make different provision for different cases.
Commencement Information
I44Sch. 5 para. 44 wholly in force at 5.4.2004; Sch. 5 para. 44 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 44 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 44 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 44 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
45E+WFines collection regulations may, for the purpose of giving effect to the powers to make attachment of earnings orders, make provision as to the method for calculating the amounts which are to be deducted from P’s earnings.
Commencement Information
I45Sch. 5 para. 45 wholly in force at 5.4.2004; Sch. 5 para. 45 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 45 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 45 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 45 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
46(1)Fines collection regulations may, for the purpose of giving effect to the powers to make clamping orders and to order the sale of clamped motor vehicles, make provision in connection with—E+W
(a)the fitting of immobilisation devices;
(b)the fitting of immobilisation notices to motor vehicles to which immobilisation devices have been fitted;
(c)the removal and storage of motor vehicles;
(d)the release of motor vehicles from immobilisation devices or from storage (including the conditions to be met before the vehicle is released);
(e)the sale or other disposal of motor vehicles not released.
(2)Fines collection regulations must provide that an immobilisation device may not be fitted to a vehicle—
(a)which displays a current disabled person’s badge [F5;or a current recognised badge] , or
(b)in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person.
(3)In this Schedule—
“disabled person’s badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons);
“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (immobilisation of vehicles illegally parked);
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that section 189 of the Road Traffic Act 1988 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.
[F6“recognised badge” has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970 (recognition of badges issued outside Great Britain).]
Textual Amendments
F5Words in Sch. 5 para. 46(2)(a) inserted (30.6.2005 for E. and 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)(6) {Sch 1 para. 47(1)(2)}; S.I. 2005/1676, art. 3(c); S.I. 2007/3285, art. 2(b)
F6Words in Sch. 5 para. 46(3) inserted (30.6.2005 for E. and 30.3.2008 for W.) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)(6), Sch. 1 para. 47(1)(3); S.I. 2005/1676, art. 3(c); S.I. 2007/3285, art. 2(b)
Commencement Information
I46Sch. 5 para. 46 wholly in force at 5.4.2004; Sch. 5 para. 46 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 46 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 46 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 46 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
47Fines collection regulations may make provision relating to cases where a person who is subject to a collection order changes his place of residence.
Commencement Information
I47Sch. 5 para. 47 wholly in force at 5.4.2004; Sch. 5 para. 47 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 47 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 47 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 47 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
48(1)P commits an offence if, in providing a statement of his financial circumstances to a fines officer in response to a relevant request, he—E+W
(a)makes a statement which he knows to be false in a material particular,
(b)recklessly provides a statement which is false in a material particular, or
(c)knowingly fails to disclose any material fact.
(2)A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3)P commits an offence if he fails to provide a statement of his financial circumstances to a fines officer in response to a relevant request.
(4)A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5)A relevant request is a request for information about P’s financial circumstances which—
(a)is made by a fines officer, and
(b)is expressed to be made for the purpose of determining whether or how the fines officer should vary the payment terms (or the reserve terms) of a collection order in P’s favour.
(6)Proceedings in respect of an offence under this paragraph may be commenced at any time within—
(a)2 years from the date of the commission of the offence, or
(b)6 months from its first discovery by the prosecutor,
whichever ends first.
Commencement Information
I48Sch. 5 para. 48 wholly in force at 5.4.2004; Sch. 5 para. 48 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 48 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 48 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 48 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
49(1)A person commits an offence if he removes or attempts to remove—
(a)an immobilisation device, or
(b)an immobilisation notice,
fitted or fixed to a motor vehicle in accordance with a clamping order made under a further steps notice or under paragraph 39(3)(b) (powers of court after increase).
(2)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Commencement Information
I49Sch. 5 para. 49 wholly in force at 5.4.2004; Sch. 5 para. 49 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 49 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 49 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 49 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
50In this Schedule “standard powers in respect of persons liable to pay fines” means any power—
(a)that a magistrates' court would have had if P had not been subject to a collection order but had been liable to pay the sum due, and
(b)which fines collection regulations apply (with or without modifications) for the purposes of this Schedule.
Commencement Information
I50Sch. 5 para. 50 wholly in force at 5.4.2004; Sch. 5 para. 50 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 50 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 50 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 50 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
51E+WFor the purposes of this Schedule the period during which an appeal under this Schedule is pending is to be treated as including the period within which the appeal may be brought (regardless of whether it is in fact brought).
Commencement Information
I51Sch. 5 para. 51 wholly in force at 5.4.2004; Sch. 5 para. 51 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 51 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 51 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 51 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
52E+WIn this Schedule “10 working days” means any period of 10 days not including—
(a)Saturday or Sunday,
(b)Christmas Day or Good Friday, or
(c)any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
Commencement Information
I52Sch. 5 para. 52 wholly in force at 5.4.2004; Sch. 5 para. 52 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 52 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 52 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 52 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
53E+WIn this Schedule “the magistrates' court”, in relation to a collection order, means any magistrates' court acting in the local justice area in which the court which made the order was sitting.
Commencement Information
I53Sch. 5 para. 53 wholly in force at 5.4.2004; Sch. 5 para. 53 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 53 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 53 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 53 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
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