SCHEDULES
C1C2C3C4SCHEDULE 5Collection of fines F5AND OTHER SUMS IMPOSED ON CONVICTION
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)
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)
Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)
Sch. 5 applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85(7)(b), 153; S.I. 2009/2606, art. 2(f)
Part 9F4FURTHER STEPS
Sch. 5 Pt. 9: heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 23
The range of further steps available against defaulters
I138
1
The steps referred to in paragraphs 37(6)(b) and 39(3) and (4) (powers to take further steps) are—
a
issuing a warrant of distress for the purpose of levying the sum due;
b
registering the sum in the register of judgments and orders required to be kept by section 98;
c
making an attachment of earnings order or an application for benefit deductions;
d
subject to sub-paragraph (3), making a clamping order;
F1e
taking proceedings by virtue of section 87(1) of the 1980 Act (enforcement of payment of fines by High Court and county court).
F2f
subject to sub-paragraph (4), issuing a certificate requesting enforcement under the Framework Decision on financial penalties;
2
A clamping order is an order—
a
that a motor vehicle be fitted with an immobilisation device (“clamped”), and
b
which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.
3
A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 in P’s name.
F34
A certificate requesting enforcement under the Framework Decision on financial penalties may only be issued where—
a
the sum due is a financial penalty within the meaning of section 80 of the Criminal Justice and Immigration Act 2008, and
b
it appears to the fines officer or the court that P is normally resident, or has property or income, in a member State other than the United Kingdom.
5
In this paragraph, references to a certificate requesting enforcement under the Framework Decision on financial penalties are to be construed in accordance with section 92(3) of the Criminal Justice and Immigration Act 2008.
Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)