The Fines Collection Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Schedule 5 (collection of fines) to the Courts Act 2003 (“Schedule 5”) to take account of the coming into force of the Collection of Fines (Pilot Schemes) Order 2004 (No. 175) which establishes schemes for the piloting of different provisions of that Schedule.

Part II applies with modifications the Attachment of Earnings Act 1971 (c. 32), the Fines (Deductions from Income Support) Regulations 1992 (No. 2182) and certain provisions of the Magistrates' Courts Act 1980 (c. 43) to give effect to Schedule 5.

The substituted Part I of Schedule 3 to the 1971 Act introduces tables for the calculation of the amounts to be deducted under attachments of earnings orders (regulation 4(e)).

Provision is made for the collection of fines in the case of a change of residence by the person liable to pay the fine (regulation 6).

Part III contains provisions implementing Schedule 5.

Regulation 7 specifies the amount of the increase imposed on a fine under paragraph 27 or 33 of Schedule 5.

A notice of increase and a further steps notice under Schedule 5 may be delivered by hand or by being sent by post (regulation 8).

Section 87 of the Magistrates' Courts Act 1980 which enables a fine to be enforced as if it were imposed by a judgment or order of the High Court or the county court is specified as another step which may be taken under Schedule 5 as listed in paragraph 38 (1) of that Schedule (regulation 9).

A warrant of distress issued under Schedule 5 is to be executed as if it had been issued by a justice of the peace and section 78 concerning a defect in a distress warrant or irregularity in its execution and the provisions concerning execution of distress warrants of the Magistrates' Courts Act 1980 are applied (regulation 10).

A fines officer may issue a summons requiring P to attend a magistrates' court to which he has referred P’s case under Schedule 5 (regulation 11).

Regulation 12 applies for the purposes of references of cases to the court by the fines officer, or appeals to the court, under Schedule 5 the existing powers of the magistrates' courts in respect of fines as modified by the regulation.

Part IV provides for the clamping of vehicles under Schedule 5 for default in the payment of fines, and the storage and sale of clamped vehicles.

Regulation 13 specifies conditions to be met before a clamping order is made, regulation 14 specifies the matters to be included in a clamping order and regulation 15 provides for the procedure to be followed on the making of the order.

Regulation 16 specifies the places where vehicles may be clamped and regulation 17 deals with defects in clamping orders or irregularities in their execution.

The clamping order is to be executed by a clamping contractor under a contract with the Lord Chancellor or a justices' chief executive (definition of “clamping contractor” in regulation 1(5)).

The matters to be included in a clamping contract are specified in regulation 18.

The duties of the persons authorised by the contractor to carry out, or direct and supervise the carrying out of, clamping, release from clamping, removal to and release from storage, of vehicles on behalf of the contractor and the duties of other members of the contractor’s staff are laid down in regulation 19 and the duties of the contractor in regulation 20.

Provision for the payment of the fine and any charges due and the release of the vehicle is in regulation 21.

Regulation 22 provides the circumstances in which a vehicle which has been clamped must be removed to storage and conditions for the storage of vehicles which have been clamped are specified in regulation 23.

Provision is made for the ultimate sale of clamped vehicles if, after the expiry of the period of 3 months from the date the vehicle was clamped, a magistrates' court so orders under paragraph 41 of Schedule 5 (regulation 24).

Regulations 25 and 26 contain the procedure for complaints and claims for compensation concerning the content, or making, or the execution, of clamping orders.