SCHEDULES
C1C2C3C4SCHEDULE 5Collection of fines F4AND OTHER SUMS IMPOSED ON CONVICTION
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)
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)
Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)
Sch. 5 applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85(7)(b), 153; S.I. 2009/2606, art. 2(f)
Part 9F3FURTHER STEPS
Sch. 5 Pt. 9: heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 23
Functions of fines officer in relation to defaulters: referral or further steps notice
I137
F11
This paragraph applies if—
a
P is in default on a collection order,
b
paragraph 26 does not apply, and
c
none of the following is pending—
i
an application under paragraph 31(1) (application to fines officer for variation and reserve terms),
ii
an appeal under paragraph 32(1) (appeal against decision of fines officer),
iii
a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The fines officer must—
a
refer P’s case to the magistrates' court, or
b
deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.
7
Any steps that the fines officer F5wishes to be able to take must be specified in the notice.
8
A further steps notice must be in writing and dated.
9
P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.
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)