SCHEDULES
C1C2C3C4 SCHEDULE 5Collection of fines F4AND 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 4Making of collection orders
Application of Part
I111
F11
This Part applies whether or not the relevant court has made an attachment of earnings order or an application for benefit deductions under Part 3 of this Schedule.
2
In this Part “the relevant court” has the same meaning as in Part 3 of this Schedule.
Court’s power to make a collection order
I212
1
The relevant court must make an order (“a collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order.
2
If P is subject to a collection order, the powers of any court to deal with P’s liability to pay the sum due are subject to the provisions of this Schedule and to fines collection regulations.
Contents of collection orders: general
I313
1
The collection order must—
F2a
state the amount of the sum due,
aa
where that sum consists of or includes a fineF10, a sum required to be paid by a compensation orderF6, a sum required to be paid by an unlawful profit orderF7 or a sum required to be paid by a slavery and trafficking reparation order, state—
F5i
the amount of the fine, the amount required to be paid by the compensation order F8, the amount required to be paid by the unlawful profit order F9or the amount required to be paid by the slavery and trafficking reparation order (or, where that sum consists of or includes two or more of those amounts, each of those amounts),
ii
the amount of any other part of the sum due,
b
state the court’s conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,
c
if the court has made an attachment of earnings order or an application for benefit deductions, state that fact,
d
specify the fines office to which the order is allocated, and
e
contain information about the effect of the order.
2
In this Schedule “the fines officer”, in relation to P F11and a collection order, means any fines officer working at the fines office specified in the collection order.
Contents of collection orders: no attachment of earnings order etc. made
I414
1
If the relevant court has not under Part 3 made an attachment of earnings order or an application for benefit deductions, the collection order must state the payment terms.
2
“The payment terms” means—
a
a term requiring P to pay the sum due within a specified period, or
b
terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.
Contents of collection orders: attachment of earnings order etc. made
I515
1
If the court has under Part 3 of this Schedule made an attachment of earnings order or an application for benefit deductions, the collection order must state the reserve terms.
2
“The reserve terms” means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32 F3. . . and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.
When an attachment of earnings order fails
I616
For the purposes of this Schedule, an attachment of earnings order fails if—
a
P’s employer fails to comply with the order, or
b
the order is discharged at a time when P remains liable to pay any part of the sum due.
When an application for benefit deductions fails
I717
For the purposes of this Schedule, an application for benefit deductions fails if—
a
the application is withdrawn,
b
the Secretary of State decides not to make deductions,
c
an appeal against a decision of the Secretary of State to make deductions succeeds, or
d
the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.
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)