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The Enforcement of Fines and Other Penalties Regulations (Northern Ireland) 2018

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the collection and enforcement of financial penalties under Part 1 of the Justice Act (Northern Ireland) 2016 (“the Act”).

Part 2 (regulations 3 and 4) makes provision in relation to the content of applications for deductions from benefits and for the court to advise the debtor and the Department for Communities once full payment of the outstanding amount has been made.

Part 3 (regulations 5 to 15) makes provision in relation to attachment of earnings orders.

Regulation 5 defines terms used in Part 3.

Regulation 6 provides the meaning of “earnings” for the purposes of sections 6 and 18 of the Act, and for Part 3 of the Regulations.

Regulation 7 specifies the information which may be required from the debtor or his employer when a statement of earnings is directed under section 19 of the Act.

Regulations 8 to 10 make provision in relation to the content of an attachment of earnings order, the rates at which earnings are to be deducted, and service of the order.

Regulation 11 prescribes the process for making an application under paragraph 3 of Schedule 1 to the Act to determine whether payments are earnings.

Regulations 12 and 13 make provision in relation to compliance with attachment of earnings orders and administrative charges which the employer may impose.

Regulations 14 and 15 make provision in relation to applications to vary or discharge attachment of earnings orders.

Part 4 (regulations 16 to 30) makes provision in relation to bank account orders.

Regulation 16 defines the terms used in Part 4.

Regulation 17 makes provision as to the information the collection officer may require from a deposit-taker when he or she is considering making or has made an interim bank account order.

Regulations 18 and 19 make provision as to the content of an interim bank account order and its service.

Regulation 20 makes provision detailing what a deposit-taker must do on receipt of an interim bank account order.

Regulation 21 makes provision in relation to requests by the debtor under section 20 of the Act for payment of the amount specified in an interim bank account order.

Regulations 22 and 23 prescribe the process to be followed when making an application for a hardship payment order under section 21 of the Act and the content and service of such an order.

Regulation 24 gives details of arrangements for referral hearings where an interim bank account order has been made.

Regulation 25 specifies the information a deposit-taker may be required to provide when the court is considering making a bank account order

Regulations 26 and 27 make provision in relation to the content and service of bank account orders.

Regulations 28 and 29 make provision in relation to the implementation of a bank account order, set out the procedure where there are insufficient funds in the debtor’s bank account to satisfy the order, and provide for the deposit-taker to make an administrative charge on the debtor.

Part 5 (regulations 30 to 43) makes provision in relation to vehicle seizure orders.

Regulation 30 defines terms used in Part 5.

Regulation 31 provides that a collection officer must, in addition to the matters specified in section 6(7) of the Act, be satisfied that the debtor is the sole owner of the vehicle.

Regulations 32 and 33 detail the content of a vehicle seizure order and the procedure to be followed on the making of such an order.

Regulation 34 specifies the places where a vehicle may be seized, and provides a power of entry for police officers into private property and premises.

Regulation 35 ensures that a defect in a vehicle seizure order or its execution will not void the order or result in trespass by the officer.

Regulations 36 to 43 make provision as to the removal, storage, release, sale, disposal, ownership and treatment of the proceeds of sale of seized vehicles.

Schedule 1 prescribes the forms to be used in connection with applications made under these Regulations.

Schedule 2 sets out the rates to be used in determining the amount to be deducted from a debtor’s earnings under an attachment of earnings order.

Schedule 3 prescribes the charges that shall be levied in respect of the removal, storage and disposal of vehicles seized under a vehicle seizure order.

An Explanatory Memorandum has been produced and is available from Criminal Justice Policy and Legislation Division, Department of Justice, Massey House, Stormont Estate, Belfast, BT4 3TA, or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr

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