The Fines Collection Regulations 2004

Application with modifications of the Fines (Deductions from Income Support) Regulations 1992

5.  In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the Fines (Deductions from Income Support) Regulations 1992(1) apply to applications for benefit deductions made under Schedule 5 as they apply to such applications made under those Regulations but with the following modifications—

(a) in regulation 1 after paragraph (2) insert the following paragraph—

“(2A) In these Regulations “fines officer” has the meaning given—

(a) in respect of cases subject to the national pilot scheme under article 2 of the Collection of Fines (Pilot Schemes) Order 2004, by paragraph 26(4) of Schedule 5 to the Courts Act 2003 as modified by that Order, and

(b) in respect of cases subject to a local pilot scheme under article 3 of that Order, by paragraph 13(2) of that Schedule.”;

(b) delete regulation 2;

(c) in regulation 3, for paragraph (1)(g) substitute—

“(1)(g) that, in the case of an application by the court, the offender is an existing defaulter and his existing default (or defaults) cannot be disregarded, that the offender has consented to the making of the application or that, in the case of an application by a fines officer, the offender is in default on a collection order or any other order of the court allowing time for payment.”;

(d) delete regulation 7(2)(c); and

(e) in regulations 3(2) and (3), 4, 7(4)(c), (6) and (7) and 8 after any reference to “a court” insert “or, as the case may be, a fines officer” and after any reference to “the court” insert “or, as the case may be, the fines officer”.

(1)

S.I. 1992/2182. The relevant amending instruments are S.I.s 1999/3178 and 2003/1360.