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SCHEDULES

SCHEDULE 5E+WCollection of fines [F1AND OTHER SUMS IMPOSED ON CONVICTION]

Textual Amendments

F1Sch. 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)

C1Sch. 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)

C3Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

Part 9E+W[F2FURTHER STEPS]

Textual Amendments

F2Sch. 5 Pt. 9: heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 23

[F3Duty of fines officer if warrant of control withdrawn or dischargedE+W

Textual Amendments

F3Sch. 5 paras. 40A-40C and cross-headings inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 88(8), 151(1); S.I. 2013/453, art. 4(a)

40C(1)This paragraph applies if condition A or B is met.E+W

(2)Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A.

(3)Condition B is that—

(a)in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due,

(b)the fines officer has referred P's case to the magistrates' court under paragraph 42,

(c)the magistrates' court has discharged the warrant of control under paragraph 40B(2), and

(d)the magistrates' court has not discharged the collection order or exercised any of its powers under paragraph 42(2).

(4)If P remains liable to pay any part of the sum due, the fines officer must—

(a)take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or

(b)deliver to P a replacement notice and take one or more of the steps specified in that notice, or

(c)refer P's case to, or back to, the magistrates' court under paragraph 42.]