Textual Amendments
F1Sch. 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)
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)
C3Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)
C4Sch. 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)
25 [F2(1)] 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—E+W
[F3(a)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).
[F4(2)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).]
Textual Amendments
F2Sch. 5 para. 25 renumbered as Sch. 5 para. 25(1) (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 3(8)(a); S.I. 2023/1194, reg. 2(e)
F3Sch. 5 para. 25(a)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 56(4), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46
F4Sch. 5 para. 25(2) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 3(8)(b); S.I. 2023/1194, reg. 2(e)
Commencement Information
I1Sch. 5 para. 25 wholly in force at 5.4.2004; Sch. 5 para. 25 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 25 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 25 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 25 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
26(1)The fines officer must make an attachment of earnings order if it appears to him—E+W
(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.
Commencement Information
I2Sch. 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)
27E+WF5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 5 para. 27 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 19(a)
28E+WF6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 5 para. 28 omitted (3.7.2006) by virtue of TThe Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 19(a)