Courts Act 2003 (c. 39)

SCHEDULES

SCHEDULE 5 E+W Collection of fines [F1 AND OTHER SUMS IMPOSED ON CONVICTION]

Textual Amendments

F1 Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)

Modifications etc. (not altering text)

C1 Sch. 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)

C2 Sch. 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)

C3 Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

C4 Sch. 5 applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85(7)(b), 153; S.I. 2009/2606, art. 2(f)

Part 6 E+W Variation of collection orders containing payment terms

Application of Part E+W

21 E+W This Part applies if the court has made a collection order and the order contains payment terms.

Commencement Information

I1 Sch. 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)

Application to fines officer for variation of order or attachment of earnings order etc. E+W

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

I2 Sch. 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)

Appeal against decision of fines officer E+W

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

I3 Sch. 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)

Nature of power to vary terms of collection order E+W

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

I4 Sch. 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)

Meaning of “in default on a collection order” E+W

[F2 24A For 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

F2 Sch. 5 para. 24A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 18