SCHEDULES

C1C2C3C4 SCHEDULE 5Collection of fines F2AND OTHER SUMS IMPOSED ON CONVICTION

Annotations:
Amendments (Textual)
F2

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)

Modifications etc. (not altering text)
C1

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)

C3

Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

Part 3Attachment of earnings orders and applications for benefit deductions

F1Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

Annotations:

7A

1

This paragraph applies if the sum due consists of or includes a sum required to be paid by a compensation orderF3, an unlawful profit order or a slavery and trafficking reparation order.

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.