SCHEDULES

C1C2C3C4 SCHEDULE 5Collection of fines F4AND OTHER SUMS IMPOSED ON CONVICTION

Annotations:
Amendments (Textual)
F4

Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)

Modifications etc. (not altering text)
C1

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)

C3

Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

Part 1Introductory

Meaning of “existing defaulter” etc.

I13

1

For the purposes of this Schedule, P is an existing defaulter if it is shown that—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F51(1),

d

he is in default in payment of another sum falling within paragraph F61(1) but in respect of which no collection order has been made F7, or

e

the person is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

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.

F25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

“Collection order” means an order made under Part 4 of this Schedule.