SCHEDULES
SCHEDULE 5Collection of fines
Part 8Operation of collection orders containing reserve terms
29Application of Part
This Part applies if—
a
a collection order contains reserve terms, and
b
the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.
30Requirement to notify P on failure of an attachment of earnings order etc.
The fines officer must deliver to P a notice (“a payment notice”) informing P—
a
that the order or application has failed and the reserve terms have effect,
b
what P has to do to comply with the reserve terms, and
c
of his right to make applications under paragraph 31.
31Application to fines officer for variation of reserve terms
1
P may, at any time—
a
after the date of a payment notice under paragraph 30 and before an increase is imposed under paragraph 33, and
b
when he is not in default on the collection order,
apply to the fines officer for the reserve terms to be varied.
2
No application may be made under sub-paragraph (1) unless—
a
there has been a material change in P’s circumstances since the reserve terms were set (or last varied under this paragraph), or
b
P is making further information about his circumstances available.
3
On such an application being made, the fines officer may decide—
a
to vary the reserve terms in P’s favour, or
b
not to vary them.
4
A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
5
Subject to paragraph 32, the effect of a decision under sub-paragraph (3)(a) is that the collection order has effect with the reserve terms varied in the way decided by the fines officer.
32Appeal against decision of fines officer
1
P may, within 10 working days from the date of a decision under paragraph 31(3), appeal to the magistrates' court against the decision.
2
On an appeal under this paragraph the magistrates' court may—
a
confirm or vary the reserve terms, or
b
discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.
33Increase in fine on first default
1
This paragraph applies on the first occasion on which P is in default on the collection order and none of the following is pending—
a
an application under paragraph 31(1) (application to fines officer for variation of reserve terms);
b
an appeal under paragraph 32(1) (appeal against decision of fines officer);
c
a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
2
An increase is imposed on the fine which is the subject of the order.
3
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.
4
The increase is given effect by treating it as part of the fine imposed on P on his conviction.
5
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).
34Notice of increase etc.
If 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.