Courts Act 2003

Part 4 E+W Making of collection orders

Application of Part E+W

11 [F1 (1) This Part applies whether or not the relevant court has made an attachment of earnings order or an application for benefit deductions under Part 3 of this Schedule.] E+W

(2) In this Part “the relevant court” has the same meaning as in Part 3 of this Schedule.

Textual Amendments

F1 Sch. 5 para. 11(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 14

Commencement Information

I1 Sch. 5 para. 11 wholly in force at 5.4.2004; Sch. 5 para. 11 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 11 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 11 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 11 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Court’s power to make a collection order E+W

12 (1) The relevant court must make an order (“a collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order. E+W

(2) If P is subject to a collection order, the powers of any court to deal with P’s liability to pay the sum due are subject to the provisions of this Schedule and to fines collection regulations.

Commencement Information

I2 Sch. 5 para. 12 wholly in force at 5.4.2004; Sch. 5 para. 12 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 12 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 12 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 12 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Contents of collection orders: general E+W

13 (1) The collection order must— E+W

[F2 (a) state the amount of the sum due,

(aa) where that sum consists of or includes a fine or a sum required to be paid by a compensation order, state—

(i) the amount of the fine, or the amount required to be paid by the compensation order (or, if applicable, the amount of the fine and the amount required to be paid by the compensation order), and

(ii) the amount of any other part of the sum due,]

(b) state the court’s conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,

(c) if the court has made an attachment of earnings order or an application for benefit deductions, state that fact,

(d) specify the fines office to which the order is allocated, and

(e) contain information about the effect of the order.

(2) In this Schedule “the fines officer”, in relation to P, means any fines officer working at the fines office specified in the collection order.

Textual Amendments

F2 Sch. 5 para. 13(1)(a)(aa) substituted (3.7.2006) for Sch. 5 para. 13(1)(a) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 15

Commencement Information

I3 Sch. 5 para. 13 wholly in force at 5.4.2004; Sch. 5 para. 13 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 13 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 13 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 13 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Contents of collection orders: no attachment of earnings order etc. made E+W

14 (1) If the relevant court has not under Part 3 made an attachment of earnings order or an application for benefit deductions, the collection order must state the payment terms. E+W

(2) “The payment terms” means—

(a) a term requiring P to pay the sum due within a specified period, or

(b) terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.

Commencement Information

I4 Sch. 5 para. 14 wholly in force at 5.4.2004; Sch. 5 para. 14 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 14 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 14 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 14 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Contents of collection orders: attachment of earnings order etc. made E+W

15 (1) If the court has under Part 3 of this Schedule made an attachment of earnings order or an application for benefit deductions, the collection order must state the reserve terms. E+W

(2) “The reserve terms” means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32 F3 . . . and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.

Textual Amendments

F3 Words in Sch. 5 para. 15(2) omitted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 16

Commencement Information

I5 Sch. 5 para. 15 wholly in force at 5.4.2004; Sch. 5 para. 15 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 15 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 15 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 15 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

When an attachment of earnings order fails E+W

16 E+W For the purposes of this Schedule, an attachment of earnings order fails if—

(a) P’s employer fails to comply with the order, or

(b) the order is discharged at a time when P remains liable to pay any part of the sum due.

Commencement Information

I6 Sch. 5 para. 16 wholly in force at 5.4.2004; Sch. 5 para. 16 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 16 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 16 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 16 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

When an application for benefit deductions fails E+W

17 E+W For the purposes of this Schedule, an application for benefit deductions fails if—

(a) the application is withdrawn,

(b) the Secretary of State decides not to make deductions,

(c) an appeal against a decision of the Secretary of State to make deductions succeeds, or

(d) the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.

Commencement Information

I7 Sch. 5 para. 17 wholly in force at 5.4.2004; Sch. 5 para. 17 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 17 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 17 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 17 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)