PART 1

FINES AND OTHER PENALTIES: ENFORCEMENT
CHAPTER 1

Collection of Fines etc.

Freezing bank accounts etc.

Bank account order
22
1
A bank account order is an order requiring the deposit-taker to whom it is directed to pay the amount specified in the order for the purpose of securing payment of the outstanding amount.
2
The amount to be specified in a bank account order is—
a
in a case where an interim bank account order has been made, the amount specified in that order, or
b
in a case where no interim bank account order has been made, such amount as the responsible court may determine.
3
The making of a payment in accordance with a bank account order discharges the deposit-taker from liability to the debtor in respect of the amount of the payment.
4
A bank account order may not require the making of a payment which would reduce the credit balance below such amount as is specified in regulations.
5
If the outstanding amount has been paid, the collection officer or (in a case where there is not a collection order) the proper officer of the responsible court must—
a
discharge the bank account order and any interim bank account order in force in relation to the debtor, and
b
notify the responsible court and the deposit-taker accordingly.
6
In subsection (5), “proper officer” has the same meaning as in section 8.
7
Regulations may make further provision in relation to bank account orders; and the regulations may in particular—
a
make provision enabling the responsible court to require a deposit-taker to provide the court with information of a specified description;
b
make provision as to the contents of a bank account order;
c
make provision as to the service of a bank account order;
d
make provision enabling a deposit-taker to impose administrative charges of a specified amount or description in relation to costs incurred by it in complying with a bank account order.
8
A person commits an offence if the person fails, without reasonable excuse, to provide information required by virtue of subsection (7)(a).
9
A person commits an offence if, in response to a requirement imposed by virtue of subsection (7)(a), the person—
a
provides information which the person knows to be false in a material particular,
b
recklessly provides information which is false in a material particular, or
c
knowingly fails to disclose a material fact.
S. 22(4)(7) in operation at 3.10.2016 for specified purposes by S.R. 2016/248, art. 4(i)
S. 22(1)-(3) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)
S. 22(5)(6)(8)(9) in operation at 1.6.2018 by S.R. 2018/99, art. 2(a)
S. 22(4)(7) in operation at 1.6.2018 in so far as not already in operation by S.R. 2018/99, art. 2(a)