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The Collection of Fines (Final Scheme) Order 2006

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Collection of Fines (Final Scheme) Order 2006 No. 1737

  1. Introductory Text

  2. 1.Citation, commencement and extent

  3. 2.Final scheme

  4. 3.Transitional provision

  5. 4.Amendments to Schedule 5 to the Courts Act 2003

  6. 5.In the heading to that Schedule after “FINES” add “AND...

  7. 6.For paragraph 1 (application of Schedule) substitute— Application of Schedule...

  8. 7.For paragraph 2 (meaning of “the sum due”) substitute— Meaning...

  9. 8.In paragraph 3 (meaning of “existing defaulter” etc)—

  10. 9.Omit Part 2 (immediate payment of fines: discounts).

  11. 10.In paragraph 7 (application of Part 3)—

  12. 11.After paragraph 7 insert— Attachment of earnings order or application...

  13. 12.In paragraph 8 (attachment of earnings order or application for...

  14. 13.In paragraph 9 (attachment of earnings order or application for...

  15. 14.In paragraph 11 (application of Part 4), for sub-paragraph (1)...

  16. 15.In paragraph 13 (contents of collection order: general), for sub-paragraph...

  17. 16.In paragraph 15 (contents of collection orders: attachment of earnings...

  18. 17.Omit Part 5 (discount where collection order made).

  19. 18.After paragraph 24 (nature of power to vary terms of...

  20. 19.Omit— (a) paragraph 27 (increase in fine); and

  21. 20.In paragraph 31 (application to fines officer for variation of...

  22. 21.In paragraph 32 (appeal against decision of fines officer), in...

  23. 22.Omit— (a) paragraph 33 (increase in fine on first default);...

  24. 23.For the heading to Part 9 substitute “FURTHER STEPS”.

  25. 24.Omit— (a) paragraph 35 (effect of compliance with requirement to...

  26. 25.In paragraph 37 (functions of fines officer in relation to...

  27. 26.In paragraph 38 (the range of further steps available against...

  28. 27.In paragraph 39 (powers of court after increase)—

  29. 28.In paragraph 42 (power of fines officer to refer case...

  30. 29.After paragraph 42 insert— Increase in fine by court (1) This paragraph applies where— (a) P is in default...

  31. 30.In paragraph 44 (fines collection regulations), in sub-paragraph (1) for...

  32. 31.Omit paragraph 47 (fines collection regulations).

  33. 32.In paragraph 49 (offence of meddling with a vehicle clamp),...

  34. 33.For paragraph 50 (meaning of “standard powers in respect of...

  35. 34.Amendments to the Attachment of Earnings Act 1971

  36. 35.In section 1 (courts with power to attach earnings)—

  37. 36.After section 1 insert— Orders to which this Act applies...

  38. 37.In section 3 (application for order and conditions of court’s...

  39. 38.In section 6 (effect and contents of order)—

  40. 39.In section 8 (interrelation with alternative remedies open to creditors),...

  41. 40.In section 9 (variation, lapse and discharge of orders)—

  42. 41.(1) Section 14 (power of court to obtain statement of...

  43. 42.In section 15 (obligation of debtor and his employers to...

  44. 43.In section 17 (consolidated attachment orders)— (a) in subsection (1)—...

  45. 44.In section 25 (general interpretation), after the definition of “the...

  46. 45.In Part 1 of Schedule 3 (deductions by employer under...

  47. 46.Amendments to the Magistrates’ Courts Act 1980

  48. 47.In section 83 (process for securing attendance of offender for...

  49. 48.In section 87 (enforcement of payment of fines by High...

  50. 49.In section 89 (transfer of fine order)—

  51. 50.In section 90 (transfer of fines to Scotland or Northern...

  52. 51.In section 91 (transfer of fines from Scotland or Northern...

  53. 52.In section 125A (civilian enforcement officers), after subsection (3) insert—...

  54. 53.In section 150 (interpretation of other terms)—

  55. 54.Amendment to the Domestic Violence, Crime and Victims Act 2004

  56. Signature

  57. Explanatory Note

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