The Fines Collection (Amendment) Regulations 2004

Amendment to the Fines Collection Regulations 2004

2.  After regulation 4 of the Fines Collection Regulations 2004(1), insert—

“Application with modifications of the Magistrates' Courts (Attachment of Earnings) Rules 1971

4A.   In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the Magistrates' Courts (Attachment of Earnings) Rules 1971(2) apply to applications for attachment of earnings orders made under Schedule 5 as they apply to such applications made under those Rules but with the following modifications to rule 15—

(a) in paragraph (1), after the first reference to “a magistrates' court”, insert “or, as the case may be, a fines officer,”;

(b) in paragraph (2), —

(i) after “a magistrates' court”, insert “or, as the case may be, a fines officer,”; and

(ii) after “it”, insert “or, as the case may be, he”;

(c) in paragraph (3)—

(i) after “a magistrates' court”, insert “or, as the case may be, a fines officer,”;

(ii) after “any magistrates' court”, insert “or fines officer”; and

(iii) after “the court”, insert “or, as the case may be, the fines officer,”;

(d) in paragraph (4)—

(i) after “magistrates' courts”, insert “or fines officers”;

(ii) after “a magistrates' court”, insert “or, as the case may be, a fines officer,”; and

(iii) after “those courts” insert “or, as the case may be, fines officers,”.

(e) in paragraph (5) after “debtor”, insert “but a fines officer may exercise the powers conferred under paragraphs (2) to (4) of this Rule of his own motion only”;

(f) in paragraph (8)—

(i) after “magistrates' court”, insert “or, as the case may be, a fines officer,”;

(ii) after “its”, insert “or, as the case may be, his”; and

(iii) after “it”, insert “or as the case may be, he”;

(g) in paragraph (9)—

(i) after each reference to “magistrates' court”, insert “or, as the case may be, a fines officer,”;

(ii) after the first reference to the “first mentioned court”, insert “or, as the case may be, the first mentioned fines officer,”;

(iii) after “second mentioned court”, insert “or the court where the second mentioned fines officer made the relevant attachment order,”; and

(iv) after the second reference to the “first mentioned court”, insert “or the court where the first mentioned fines officer made the relevant attachment order,”;

(h) for paragraph (10) substitute—

“(10) Where a magistrates' court, or as the case may be, a fines officer, makes a consolidated attachment order, it, or as the case may be, he, shall specify the percentage deductions rate in accordance with Part 1 of Schedule 3 of the Attachment of Earnings Act 1971(3) as modified by regulation 4.; and”

(i) after paragraph (10) insert—

“(11) Paragraph (10) applies irrespective of whether the orders to be consolidated include any order made before the coming into force of these Regulations.

(12) In this Rule “fines officer” has the meaning given—

(a) in respect of cases subject to the national pilot scheme under article 2 of the Collection of Fines (Pilot Schemes) Order 2004(4), by paragraph 26(4) of Schedule 5 to the Courts Act 2003 as modified by that Order, and

(b) in respect of cases subject to a local pilot scheme under article 3 of that Order, by paragraph 13(2) of that Schedule.””

(1)

S.I. 2004/176

(2)

S.I. 1971/809 as amended by S.I. 2001/ 615.

(3)

c.32

(4)

S.I. 2004/175