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 9Operation of collection orders after increase imposed
Functions of fines officer in relation to defaulters: referral or further steps notice
I137
1
This paragraph applies if P fails to contact the fines officer as required by an increase notice under paragraph 28 or 34.
2
This paragraph also applies if—
a
P contacts the fines officer as required by an increase notice under paragraph 28 or 34,
b
the fines officer decides under paragraph 35(2) not to vary the payment terms (or the reserve terms), and
c
no appeal under paragraph 35(4) (appeal against decision about variation following increase) is pending.
3
This paragraph also applies if after the increase is imposed—
a
there is a relevant variation of the payment terms (or the reserve terms),
b
no relevant appeal is pending,
c
no application under paragraph 36(1) (application for further variation in P’s favour) is pending, and
d
no reference under paragraph 42 (power of fines officer to refer case to magistrates' court) is pending,
but P is again in default on the order.
4
“Relevant variation of the payment terms (or the reserve terms)” has the same meaning as in paragraph 36.
5
“Relevant appeal” means an appeal under—
a
paragraph 35(4) (appeal against decision whether to vary following increase), or
b
paragraph 36(6) (appeal against decision on application for further variation).
6
The fines officer must—
a
refer P’s case to the magistrates' court, or
b
deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.
7
Any steps that the fines officer intends to take must be specified in the notice.
8
A further steps notice must be in writing and dated.
9
P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.
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)