PART 3Courts and tribunals
Collection of fines etc
I156Variation of collection orders etc
1
Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
2
For paragraph 21 (application of Part 6: variation of collection orders containing payment terms) substitute—
21
This Part applies if—
a
the court has made a collection order, and
b
the order contains payment terms but does not contain reserve terms.
3
In paragraph 22 (variation of collection order)—
a
omit sub-paragraph (1),
b
in sub-paragraph (2), for “P may apply for” substitute “
P may at any time apply to the fines officer under this paragraph for
”
,
c
in sub-paragraph (4)(a), omit “in P's favour”,
d
after sub-paragraph (4) insert—
4A
The fines officer may not vary the payment terms under sub-paragraph (4)(a) so that they are less favourable to P without P's consent.
e
for sub-paragraph (7) substitute—
7
The fines officer may not vary the order so that it states reserve terms which are less favourable to P than the payment terms without P's consent.
4
In paragraph 25 (application of Part 7: effect of first default on collection order containing payment terms), for paragraphs (a) and (b) substitute—
a
an application to a fines officer under paragraph 22 (application for variation of order or for attachment of earnings order etc) that was made at a time when P was not in default on the collection order;
b
an appeal under paragraph 23 against a decision of a fines officer on an application described in paragraph (a);
5
In paragraph 31 (variation of reserve terms)—
a
for sub-paragraph (1) substitute—
1
P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied.
b
in sub-paragraph (3)(a), omit “in P's favour”, and
c
after sub-paragraph (3) insert—
3A
The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent.
6
In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii) substitute—
i
an application to a fines officer under paragraph 31 (application for variation of reserve terms) that was made at a time when P was not in default on the collection order;
ii
an appeal under paragraph 32 against a decision of a fines officer on an application described in sub-paragraph (i);