Courts Act 2003

The range of further steps available against defaulters E+W

38 (1) The steps referred to in paragraphs 37(6)(b) and 39(3) and (4) (powers to take further steps) are— E+W

(a) issuing a warrant of distress for the purpose of levying the sum due;

(b) registering the sum in the register of judgments and orders required to be kept by section 98;

(c) making an attachment of earnings order or an application for benefit deductions;

(d) subject to sub-paragraph (3), making a clamping order;

[F1 (e) taking proceedings by virtue of section 87(1) of the 1980 Act (enforcement of payment of fines by High Court and county court).]

[F2 (f) subject to sub-paragraph (4), issuing a certificate requesting enforcement under the Framework Decision on financial penalties;]

(2) A clamping order is an order—

(a) that a motor vehicle be fitted with an immobilisation device (“clamped”), and

(b) which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.

(3) A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 in P’s name.

[F3 (4) A certificate requesting enforcement under the Framework Decision on financial penalties may only be issued where—

(a) the sum due is a financial penalty within the meaning of section 80 of the Criminal Justice and Immigration Act 2008, and

(b) it appears to the fines officer or the court that P is normally resident, or has property or income, in a member State other than the United Kingdom.

(5) In this paragraph, references to a certificate requesting enforcement under the Framework Decision on financial penalties are to be construed in accordance with section 92(3) of the Criminal Justice and Immigration Act 2008.]

Textual Amendments

F1 Sch. 5 para. 38(1)(e) substituted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 26

F2 Sch. 5 para. 38(1)(f) inserted (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 80(1)(a), 153 (with Sch. 27 para. 29(1)); S.I. 2009/2606, art. 2(a)

F3 Sch. 5 para. 38(4)(5) inserted (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 80(1)(b), 153 (with Sch. 27 para. 29(1)); S.I. 2009/2606, art. 2(a)

Commencement Information

I1 Sch. 5 para. 38 wholly in force at 5.4.2004; Sch. 5 para. 38 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 38 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 38 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 38 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)