SCHEDULES
C1C2SCHEDULE 5Collection of fines
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)
Part 6Variation of collection orders containing payment terms
Application to fines officer for variation of order or attachment of earnings order etc.
I122
1
P may, at any time—
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.
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)