SCHEDULE 5Collection of fines AND OTHER SUMS IMPOSED ON CONVICTION
Part 1Introductory
Meaning of “existing defaulter” etc.
3
(1)
For the purposes of this Schedule, P is an existing defaulter if it is shown that—
(a)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
the sum due or any other sum is registered for enforcement against him as a fine under—
(i)
section 71 of the Road Traffic Offenders Act 1988,
(ii)
section 9 of the Criminal Justice and Police Act 2001, or
(iii)
any other enactment specified in fines collection regulations,
(c)
he is in default on a collection order in respect of another sum falling within paragraph F21 , or
(d)
he is in default in payment of another sum falling within paragraph F31 but in respect of which no collection order has been made.
(2)
For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.
(3)
Sub-paragraph (2) is subject to sub-paragraph (4).
(4)
Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.
(5)
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
“Collection order” means an order made under Part 4 of this Schedule.