Modifications etc. (not altering text)
C1Sch. 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)
C2Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)
38(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.
Commencement Information
I1Sch. 5 para. 38 wholly in force at 5.4.2004; Sch. 5 para. 38 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 38 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 38 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 38 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)