Search Legislation

Courts Act 2003

Status:

This is the original version (as it was originally enacted).

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

Application of Part

25This 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—

(a)an application under paragraph 22 (application to fines officer for variation of order or for attachment of earnings order etc.);

(b)an appeal under paragraph 23 (appeal against decision of fines officer);

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

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

26(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(1)This paragraph applies if—

(a)an attachment of earnings order, or

(b)an application for benefit deductions,

made under paragraph 26 fails.

(2)This paragraph also applies if the fines officer does not make—

(a)an attachment of earnings order, or

(b)an application for benefit deductions,

under paragraph 26.

(3)An increase is imposed on the fine which is the subject of the order.

(4)The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

(5)The increase is given effect by treating it as part of the fine imposed on P on his conviction.

(6)But the liability to pay the part of the fine representing the increase—

(a)ranks after the liability to pay any other part of the sum due, and

(b)is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).

Notice of increase etc.

28If an increase is imposed, the fines officer must deliver a notice to P (an “increase notice”)—

(a)informing P of the increase, and

(b)requiring P, within 10 working days from the date of the notice, to contact the fines officer, in person or in writing, with a view to reviewing the position.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources