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Criminal Justice and Courts Act 2015

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56Variation of collection orders etcU.K.

This section has no associated Explanatory Notes

(1)Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

(2)For paragraph 21 (application of Part 6: variation of collection orders containing payment terms) substitute—

21This Part applies if—

(a)the court has made a collection order, and

(b)the order contains payment terms but does not contain reserve terms.

(3)In paragraph 22 (variation of collection order)—

(a)omit sub-paragraph (1),

(b)in sub-paragraph (2), for “P may apply for” substitute “ P may at any time apply to the fines officer under this paragraph for ”,

(c)in sub-paragraph (4)(a), omit “in P's favour”,

(d)after sub-paragraph (4) insert—

(4A)The fines officer may not vary the payment terms under sub-paragraph (4)(a) so that they are less favourable to P without P's consent., and

(e)for sub-paragraph (7) substitute—

(7)The fines officer may not vary the order so that it states reserve terms which are less favourable to P than the payment terms without P's consent.

(4)In paragraph 25 (application of Part 7: effect of first default on collection order containing payment terms), for paragraphs (a) and (b) substitute—

(a)an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order;

(b)an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a);.

(5)In paragraph 31 (variation of reserve terms)—

(a)for sub-paragraph (1) substitute—

(1)P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied.,

(b)in sub-paragraph (3)(a), omit “in P's favour”, and

(c)after sub-paragraph (3) insert—

(3A)The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent.

(6)In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii) substitute—

(i)an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order;

(ii)an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i);.

Commencement Information

I1S. 56 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 46

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