SCHEDULES

C1C2SCHEDULE 5Collection of fines

Annotations:
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)

Part 9Operation of collection orders after increase imposed

Functions of fines officer in relation to defaulters: referral or further steps notice

I137

1

This paragraph applies if P fails to contact the fines officer as required by an increase notice under paragraph 28 or 34.

2

This paragraph also applies if—

a

P contacts the fines officer as required by an increase notice under paragraph 28 or 34,

b

the fines officer decides under paragraph 35(2) not to vary the payment terms (or the reserve terms), and

c

no appeal under paragraph 35(4) (appeal against decision about variation following increase) is pending.

3

This paragraph also applies if after the increase is imposed—

a

there is a relevant variation of the payment terms (or the reserve terms),

b

no relevant appeal is pending,

c

no application under paragraph 36(1) (application for further variation in P’s favour) is pending, and

d

no reference under paragraph 42 (power of fines officer to refer case to magistrates' court) is pending,

but P is again in default on the order.

4

Relevant variation of the payment terms (or the reserve terms)” has the same meaning as in paragraph 36.

5

Relevant appeal” means an appeal under—

a

paragraph 35(4) (appeal against decision whether to vary following increase), or

b

paragraph 36(6) (appeal against decision on application for further variation).

6

The fines officer must—

a

refer P’s case to the magistrates' court, or

b

deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.

7

Any steps that the fines officer intends to take must be specified in the notice.

8

A further steps notice must be in writing and dated.

9

P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.