SCHEDULES

C1C2C3C4 SCHEDULE 5Collection of fines F3AND OTHER SUMS IMPOSED ON CONVICTION

Annotations:
Amendments (Textual)
F3

Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)

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)

C3

Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

Part 7Effect of first default on collection order containing payment terms

Application of Part

I125

F51

This Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—

F4a

an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order;

b

an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a);

c

a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).

F62

This Part also applies on the first occasion on which a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

Attachment of earnings order or application for benefit deductions to be made

I226

1

The fines officer must make an attachment of earnings order if it appears to him—

a

that P is in employment, and

b

that it is not impracticable or inappropriate to make the order.

2

The fines officer must make an application for benefit deductions if it appears to him—

a

that P is entitled to a relevant benefit, and

b

that it is not impracticable or inappropriate to make the application.

3

If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.

Annotations:
Commencement Information
I2

Sch. 5 para. 26 wholly in force at 5.4.2004; Sch. 5 para. 26 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 26 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 26 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 26 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)

Increase in fine

27

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of increase etc.

28

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .