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 3Attachment of earnings orders and applications for benefit deductions
Attachment of earnings order or application for benefit deductions without P’s consent
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1
This paragraph applies if 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.
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)