SCHEDULES
C1C2SCHEDULE 5Collection of fines
Sch. 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)
Part 1Introductory
Meaning of “existing defaulter” etc.
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1
For the purposes of this Schedule, P is an existing defaulter if it is shown that—
a
he was required to pay the sum due immediately but failed to do so,
b
the sum due or any other sum is registered for enforcement against him as a fine under—
i
section 71 of the Road Traffic Offenders Act 1988,
ii
section 9 of the Criminal Justice and Police Act 2001, or
iii
any other enactment specified in fines collection regulations,
c
he is in default on a collection order in respect of another sum falling within paragraph 1(1), or
d
he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made.
2
For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.
3
Sub-paragraph (2) is subject to sub-paragraph (4).
4
Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.
5
In sub-paragraph (1)(a) “immediately” means, where P is informed of his liability to pay the sum due in a notice, within the period specified in the notice.
6
The period so specified must be a period which—
a
is not longer than 10 working days, and
b
begins with the date of the notice.
7
“Collection order” means an order made under Part 4 of this Schedule.
Sch. 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)