Part 7 E+WEffect of first default on collection order containing payment terms
Application of PartE+W
25E+WThis Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—
(a)an application under paragraph 22 (application to fines officer for variation of order or for attachment of earnings order etc.);
(b)an appeal under paragraph 23 (appeal against decision of fines officer);
(c)a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
Commencement Information
I1Sch. 5 para. 25 wholly in force at 5.4.2004; Sch. 5 para. 25 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 25 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 25 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 25 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Attachment of earnings order or application for benefit deductions to be madeE+W
26(1)The fines officer must make an attachment of earnings order if it appears to him—E+W
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order.
(2)The fines officer must make an application for benefit deductions if it appears to him—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(3)If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.
Commencement Information
I2Sch. 5 para. 26 wholly in force at 5.4.2004; Sch. 5 para. 26 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 26 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 26 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 26 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Increase in fineE+W
27(1)This paragraph applies if—
(a)an attachment of earnings order, or
(b)an application for benefit deductions,
made under paragraph 26 fails.
(2)This paragraph also applies if the fines officer does not make—
(a)an attachment of earnings order, or
(b)an application for benefit deductions,
under paragraph 26.
(3)An increase is imposed on the fine which is the subject of the order.
(4)The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.
(5)The increase is given effect by treating it as part of the fine imposed on P on his conviction.
(6)But the liability to pay the part of the fine representing the increase—
(a)ranks after the liability to pay any other part of the sum due, and
(b)is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).
Commencement Information
I3Sch. 5 para. 27 wholly in force at 5.4.2004; Sch. 5 para. 27 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 27 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 27 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 27 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Notice of increase etc.E+W
28If an increase is imposed, the fines officer must deliver a notice to P (an “increase notice”)—
(a)informing P of the increase, and
(b)requiring P, within 10 working days from the date of the notice, to contact the fines officer, in person or in writing, with a view to reviewing the position.
Commencement Information
I4Sch. 5 para. 28 wholly in force at 5.4.2004; Sch. 5 para. 28 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 28 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 28 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 28 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)