Functions of fines officer in relation to defaulters: referral or further steps noticeE+W
37[F1(1)This paragraph applies if—E+W
(a)P is in default on a collection order,
(b)paragraph 26 does not apply, and
(c)none of the following is pending—
(i)an application under paragraph 31(1) (application to fines officer for variation and reserve terms),
(ii)an appeal under paragraph 32(1) (appeal against decision of fines officer),
(iii)a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
(6)The fines officer must—
(a)refer P’s case to the magistrates' court, or
(b)deliver to P a notice (a “further steps notice”) that he intends to take one or more of the steps listed in paragraph 38.
(7)Any steps that the fines officer [F3wishes to be able] to take must be specified in the notice.
(8)A further steps notice must be in writing and dated.
(9)P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.
Textual Amendments
F1Sch. 5 para. 37(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 25(a)
F2Sch. 5 para. 37(2)-(5) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 25(b)
F3Words in Sch. 5 para. 37(7) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 88(3), 151(1); S.I. 2013/453, art. 4(a)
Commencement Information
I1Sch. 5 para. 37 wholly in force at 5.4.2004; Sch. 5 para. 37 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 37 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 37 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 37 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)