Point in time view as at 24/11/2023.
Courts Act 2003, Paragraph 37 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
37[F1(1)This paragraph applies if—E+W
(a)P is in default on a collection order,
(b)paragraph 26 does not apply, and
(c)none of the following is pending—
[F2(i)an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order;
(ii)an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i);]
(iii)a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).]
[F3(1A)This paragraph also applies if—
(a)a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980), and
(b)paragraph 26 does not apply.]
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1Sch. 5 para. 37(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 25(a)
F2Sch. 5 para. 37(1)(c)(i)(ii) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 56(6), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46
F3Sch. 5 para. 37(1A) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 3(10); S.I. 2023/1194, reg. 2(e)
F4Sch. 5 para. 37(2)-(5) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 25(b)
F5Words in Sch. 5 para. 37(7) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 88(3), 151(1); S.I. 2013/453, art. 4(a)
Commencement Information
I1Sch. 5 para. 37 wholly in force at 5.4.2004; Sch. 5 para. 37 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 37 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 37 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 37 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
