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 1Introductory

Meaning of “existing defaulter” etc.

I13

1

For the purposes of this Schedule, P is an existing defaulter if it is shown that—

a

he was required to pay the sum due immediately but failed to do so,

b

the sum due or any other sum is registered for enforcement against him as a fine under—

i

section 71 of the Road Traffic Offenders Act 1988,

ii

section 9 of the Criminal Justice and Police Act 2001, or

iii

any other enactment specified in fines collection regulations,

c

he is in default on a collection order in respect of another sum falling within paragraph 1(1), or

d

he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made.

2

For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.

3

Sub-paragraph (2) is subject to sub-paragraph (4).

4

Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.

5

In sub-paragraph (1)(a) “immediately” means, where P is informed of his liability to pay the sum due in a notice, within the period specified in the notice.

6

The period so specified must be a period which—

a

is not longer than 10 working days, and

b

begins with the date of the notice.

7

“Collection order” means an order made under Part 4 of this Schedule.