Courts Act 2003

Functions of fines officer in relation to defaulters: referral or further steps notice E+W

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

I1 Sch. 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)