SCHEDULES

C1C2SCHEDULE 5Collection of fines

Annotations:
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)

Part 8Operation of collection orders containing reserve terms

Increase in fine on first default

I133

1

This paragraph applies on the first occasion on which P is in default on the collection order and none of the following is pending—

a

an application under paragraph 31(1) (application to fines officer for variation of reserve terms);

b

an appeal under paragraph 32(1) (appeal against decision of fines officer);

c

a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).

2

An increase is imposed on the fine which is the subject of the order.

3

The amount of the increase is to be determined in accordance with fines collection regulations but must not be greater than 50% of the fine.

4

The increase is given effect by treating it as part of the fine imposed on P on his conviction.

5

But the liability to pay the part of the fine representing the increase—

a

ranks after the liability to pay any other part of the sum due, and

b

is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).