SCHEDULES
C1C2C3C4 SCHEDULE 5Collection of fines F10AND 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 1Introductory
F2Application of Schedule
Sch. 5 para. 1 and heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 6 (with transitional provision in art. 3)
F11
F141
This ScheduleF15, apart from Part 3B, applies if a person aged 18 or over (“P”) is liable to pay a sum which is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by a conviction of a magistrates' court.
F162
Part 3B applies in a case where Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 (collection of fines etc.) applies.
F4Meaning of “the sum due” etc
Sch. 5 para. 2 and heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 7
F32
1
In this Schedule “the sum due” means the sum adjudged to be paid as mentioned in paragraph 1.
2
For the purposes of this Schedule—
a “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction; and
“a sum required to be paid by a compensation order” means any sum required to be paid by an order made under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000F11; F12...
“a sum required to be paid by an unlawful profit order” means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013
F13“a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.
Meaning of “existing defaulter” etc.
I13
1
For the purposes of this Schedule, P is an existing defaulter if it is shown that—
a
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F61 , or
d
he is in default in payment of another sum falling within paragraph F71 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
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
“Collection order” means an order made under Part 4 of this Schedule.
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)