SCHEDULES
C1C2C3C4 SCHEDULE 5Collection of fines F3AND OTHER SUMS IMPOSED ON CONVICTION
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)
Sch. 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)
Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)
Sch. 5 applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85(7)(b), 153; S.I. 2009/2606, art. 2(f)
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.
Increase in fine
27
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of increase etc.
28
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)