SCHEDULES
C1C2C3C4 SCHEDULE 5Collection of fines F7AND 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 3Attachment of earnings orders and applications for benefit deductions
Application of Part
I17
F11
This Part does not apply where the court is hearing P's case following an appeal under paragraph 23, 32 or F8, 37(9) or 37A(4).
2
In the following provisions of this Part, “the relevant court” means—
a
the court which is imposing the liability to pay the sum due, or
b
F2. . . the magistrates' court responsible for enforcing payment of the sum due.
F33
For the purposes of this Schedule—
a
an attachment of earnings order, or
b
an application for benefit deductions,
is an order or application to secure the payment of the whole of the sum due.
F4Attachment of earnings order or application for benefit deductions where P is liable to pay compensation
Sch. 5 para. 7A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 11
7A
1
This paragraph applies if the sum due consists of or includes a sum required to be paid by a compensation orderF9, an unlawful profit order or a slavery and trafficking reparation order.
2
The relevant court must make an attachment of earnings order if it appears to the court—
a
that P is in employment, and
b
that it is not impracticable or inappropriate to make the order.
3
The relevant court must make an application for benefit deductions if it appears to the court—
a
that P is entitled to a relevant benefit, and
b
that it is not impracticable or inappropriate to make the application.
4
If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.
Attachment of earnings order or application for benefit deductions without P’s consent
I28
F51
This paragraph applies if—
a
paragraph 7A does not apply, and
b
the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.
2
The court must make an attachment of earnings order if it appears to the court—
a
that P is in employment, and
b
that it is not impracticable or inappropriate to make the order.
3
The court must make an application for benefit deductions if it appears to the court—
a
that P is entitled to a relevant benefit, and
b
that it is not impracticable or inappropriate to make the application.
4
If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.
Attachment of earnings order or application for benefit deductions with P’s consent
I39
F61
This paragraph applies if—
a
paragraph 7A does not apply, and
b
the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
2
The court may make—
a
an attachment of earnings order, or
b
an application for benefit deductions,
if P consents.
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)