Fees, costs and fines
Part 4: Making of collection orders
266.Paragraph 11 stipulates that Part 4 of the Schedule applies if the court decides either that the offender should be allowed time to pay, or if the offender was required to pay immediately and failed to do so. It also stipulates that Part 4 applies whether or not the court has made an attachment order or applied for DFB under Part 3.
267.Paragraph 12 provides that the court must make a collection order relating to payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to do so. Once subject to a collection order, the offender can be dealt with using the powers contained in Schedule 5 and the fines collection regulations made under the Schedule.
268.Paragraph 13 sets out the contents of the collection order. The order must give a breakdown of the sum due; state whether the court has decided that the offender is an existing defaulter; whether an AOE or DFB has been ordered or applied for; identify the fines office which is to be empowered to deal with the case; and contain information about the effect of the order (i.e. the consequences of default).
269.'Fines officer' is defined as a fines officer or any fines officer working at the fines office specified in the collection order.
270.Paragraph 14 specifies that if the court has not ordered AOE or applied for a DFB under Part 3, the collection order must state payment terms. These are defined as either a term requiring the offender to pay within a specified period, or terms requiring payment by instalments.
271.Paragraph 15 specifies that if the court has ordered AOE or applied for DFB under Part 3, the collection order must state the 'reserve terms'. These are repayment terms with which the offender will be expected to comply if either order should fail. These reserve terms may be varied by the fines officer if the offender's circumstances have changed in the interim. The offender may appeal against the fines officer's decision to vary or not to vary. (Paragraphs 31, 32, 35 and 39 of the Schedule).
272.Paragraph 16 sets out the circumstances under which an AOE order fails. These are:
if the offender's employer fails to comply with the order; or
if the order is discharged at a time when the offender is still liable to pay any part of the sum due.
273.Paragraph 17 sets out the circumstances under which an application for benefit deductions fails. These are:
if the court withdraws the application;
if the Secretary of State for Work and Pensions decides not to make deductions (e.g. if the offender has already reached the limit on deductions from his benefits because of other debts);
if an appeal against the decision of the Secretary of State for Work and Pensions to make deductions succeeds; or
if the Secretary of State for Work and Pensions ceases to make deductions (e.g. because the offender is already subject to the maximum of three deductions from benefits, including the fine, and a deduction for a higher priority debt displaces the fine).
