xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Textual Amendments
F1Sch. 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)
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)
C3Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)
C4Sch. 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)
7[F2(1)This Part does not apply where the court is hearing P's case following an appeal under paragraph 23, 32 or [F3, 37(9) or 37A(4)].]E+W
(2)In the following provisions of this Part, “the relevant court” means—
(a)the court which is imposing the liability to pay the sum due, or
(b)F4. . . the magistrates' court responsible for enforcing payment of the sum due.
[F5(3)For the purposes of this Schedule—
(a)an attachment of earnings order, or
(b)an application for benefit deductions,
is an order or application to secure the payment of the whole of the sum due.]
Textual Amendments
F2Sch. 5 para. 7(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 10(a)
F3Words in Sch. 5 para. 7(1) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 88(2), 151(1); S.I. 2013/453, art. 4(a)
F4Words in Sch. 5 para. 7(2)(b) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 10(b)
F5Sch. 5 para. 7(3) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 10(c)
Commencement Information
I1Sch. 5 para. 7 wholly in force at 5.4.2004; Sch. 5 para. 7 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 7 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 7 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 7 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Textual Amendments
F6Sch. 5 para. 7A inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 11
7A(1)This paragraph applies if the sum due consists of or includes a sum required to be paid by a compensation order[F7, an unlawful profit order or a slavery and trafficking reparation order].E+W
(2)The relevant court must make an attachment of earnings order if it appears to the court—
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order.
(3)The relevant court must make an application for benefit deductions if it appears to the court—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(4)If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.]
Textual Amendments
F7Words in Sch. 5 para. 7A(1) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 23(3); S.I. 2015/1476, reg. 2(j)
8[F8(1)This paragraph applies if—E+W
(a)paragraph 7A does not apply, and
(b)the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.]
(2)The court must make an attachment of earnings order if it appears to the court—
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order.
(3)The court must make an application for benefit deductions if it appears to the court—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(4)If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.
Textual Amendments
F8Sch. 5 para. 8(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 12
Commencement Information
I2Sch. 5 para. 8 wholly in force at 5.4.2004; Sch. 5 para. 8 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 8 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 8 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 8 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
9[F9(1)This paragraph applies if—E+W
(a)paragraph 7A does not apply, and
(b)the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.]
(2)The court may make—
(a)an attachment of earnings order, or
(b)an application for benefit deductions,
if P consents.
Textual Amendments
F9Sch. 5 para. 9(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 13
Commencement Information
I3Sch. 5 para. 9 wholly in force at 5.4.2004; Sch. 5 para. 9 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 9 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 9 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 9 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)