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 9Operation of collection orders after increase imposed

The range of further steps available against defaulters

I138

1

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

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;

e

taking any other step permitted under provisions of fines collection regulations which apply any other enforcement power of a magistrates' court (with or without modifications).

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.