SCHEDULES

C1C2C3C4 SCHEDULE 5Collection of fines F2AND OTHER SUMS IMPOSED ON CONVICTION

Annotations:
Amendments (Textual)
F2

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)

F4Part 3ADisclosure of information, and meaning of "relevant benefit" etc

Annotations:
Amendments (Textual)
F4

Sch. 5 Pt. 3A heading inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(3), 61(3); S.I. 2013/2981, art. 2(a)

F1Disclosure of information in connection with F5making of attachment of earnings order or application for benefit deductions

Annotations:
Amendments (Textual)
F1

Sch. 5 paras. 9A-9C and cross-headings inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 41, 153; S.I. 2008/2712, art. 2, Sch. para. 6 (subject to arts. 3, 4)

F5

Words in Sch. 5 para. 9A heading inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(4), 61(3); S.I. 2013/2981, art. 2(a)

C5F69A

1

The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.

1A

Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person.

1B

The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—

a

a decision as to whether to make an attachment of earnings order in respect of P,

b

a decision as to whether to make an application for benefit deductions in respect of P, and

c

such an order or application.

2

In this paragraph—

  • “finances information” means information which—

    1. a

      is about a person's income, gains or capital, and

    2. b

      is held—

      1. i

        by Her Majesty's Revenue and Customs, or

      2. ii

        by a person providing services to the Commissioners for Her Majesty's Revenue and Customs in connection with the provision of those services,

    or information which is held with information so held;

  • “social security information” means information which is held for the purposes of functions relating to social security—

    1. a

      by the Secretary of State or a Northern Ireland Department, or

    2. b

      by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,

    or information which is held with information so held.

2A

The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).

3

In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).

Restrictions on disclosure

9B

1

A person to whom information is disclosed under paragraph F79A, or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making F8, by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B).

2

A person to whom such information is disclosed commits an offence if the person—

a

discloses or uses the information, and

b

the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision F9, order or application as is mentioned in paragraph 9A(1B).

3

But it is not an offence under sub-paragraph (2)—

a

to disclose any information in accordance with any enactment or order of a court F10or of a tribunal established by or under an Act or for the purposes of any proceedings before a court; or

b

to disclose F11or use—

i

any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

ii

any information which has previously been lawfully disclosed to the public.

4

It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.

5

A person guilty of an offence under sub-paragraph (2) is F12liable—

a

on conviction on indictment—

i

to imprisonment for a term not exceeding 2 years, or

ii

to a fine, or

iii

to both;

b

on summary conviction—

i

to imprisonment for a term not exceeding F21the general limit in a magistrates’ court, or

ii

to a fine not exceeding the statutory maximum, or

iii

to both.

F136

Sub-paragraph (5)(b) applies in relation to offences committed before F202 May 2022 (general limit on power of magistrates' courts to impose imprisonment) as if the reference to F22the general limit in a magistrates’ court were a reference to 6 months.

7

A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.

Paragraphs 9A and 9B: supplementary

C69C

1

F14Sub-paragraphs (3) and (3A) apply for the purposes of paragraphs 9A and 9B.

F152

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

3

“Information” means information held in any form.

F163A

Relevant court” has the same meaning as in Part 3 of this Schedule.

3B

In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)—

  • “fines officer” has the meaning given by section 36;

  • “P” has the meaning given by paragraph 1.

F174

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

5

Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes F18the data protection legislation.

F196

In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Meaning of “relevant benefit” and “application for benefit deductions”

I1C710

In this Schedule—

a

“relevant benefit” means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from F3universal credit and income support etc.), and

b

“application for benefit deductions”, in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.

F23Application of this Part to person with automatic online conviction

Annotations:
Amendments (Textual)

10A

This Part of this Schedule applies to a person who has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) as it applies to P.