Courts Act 2003

Meaning of “existing defaulter” etc. E+W

3 (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.

Commencement Information

I1 Sch. 5 para. 3 wholly in force at 5.4.2004; Sch. 5 para. 3 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 3 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 3 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 3 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)