SCHEDULES
SCHEDULE 5Collection of fines
Part 1Introductory
3Meaning of “existing defaulter” etc.
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.