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)
22(1)P may, at any time—E+W
(a)after the collection order is made and before Part 7 applies, and
(b)when he is not in default on the order,
apply to the fines officer under this paragraph.
(2)P may apply for—
(a)the payment terms to be varied, or
(b)an attachment of earnings order or application for benefit deductions to be made.
(3)No application may be made under sub-paragraph (2)(a) unless—
(a)there has been a material change in P’s circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or
(b)P is making further information about his circumstances available.
(4)On an application under sub-paragraph (2)(a), the fines officer may decide—
(a)to vary the payment terms in P’s favour, or
(b)not to vary them.
(5)On an application under sub-paragraph (2)(b), the fines officer may decide—
(a)to make an attachment of earnings order or application for benefit deductions, or
(b)not to do so.
(6)If he decides to make an order or application he must vary the collection order so that it states reserve terms.
(7)The reserve terms must not be less favourable to P than the payment terms.
(8)A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
(9)Subject to paragraph 23, the effect of—
(a)a decision under sub-paragraph (4)(a), and
(b)a variation under sub-paragraph (6),
is that the collection order has effect as varied by the fines officer.
Commencement Information
I1Sch. 5 para. 22 wholly in force at 5.4.2004; Sch. 5 para. 22 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 22 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 22 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 22 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)