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)
36(1)P may, at any time—
(a)after a relevant variation of the payment terms (or the reserve terms) and before paragraph 37 applies in relation to him, and
(b)when he is not in default on the collection order,
apply to the fines officer for those terms to be further varied.
(2)“Relevant variation of the payment terms (or the reserve terms)” means—
(a)a variation under paragraph 35(2)(a) (variation in P’s favour following increase), or
(b)a variation under paragraph 39(3)(a) (variation by court).
(3)No application may be made under sub-paragraph (1) unless—
(a)there has been a material change in P’s circumstances since—
(i)the relevant variation, or
(ii)the last variation under this paragraph, or
(b)P is making further information about his circumstances available.
(4)On such an application being made, the fines officer may decide—
(a)to vary the payment terms (or the reserve terms) in P’s favour, or
(b)not to vary them.
(5)A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
(6)P may, within 10 working days from the date of a decision under sub-paragraph (4), appeal to the magistrates' court against the decision.
(7)Subject to paragraph 39, the effect of a decision under sub-paragraph (4)(a) is to vary the payment terms (or the reserve terms).
Commencement Information
I1Sch. 5 para. 36 wholly in force at 5.4.2004; Sch. 5 para. 36 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 36 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 36 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 36 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)