Courts Act 2003 (c. 39)

SCHEDULES

SCHEDULE 5 E+W+N.I. Collection of fines [F1 AND OTHER SUMS IMPOSED ON CONVICTION]

Textual Amendments

F1 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)

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)

C2 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)

C3 Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

C4 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 8 E+W Operation of collection orders containing reserve terms

Application to fines officer for variation of reserve terms E+W

31 [F2 (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.] E+W

(2) No application may be made under sub-paragraph (1) unless—

(a) there has been a material change in P’s circumstances since the reserve terms were set (or last varied under this paragraph), or

(b) P is making further information about his circumstances available.

(3) On such an application being made, the fines officer may decide—

(a) to vary the reserve terms F3 ..., or

(b) not to vary them.

[F4 (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.]

(4) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

(5) Subject to paragraph 32, the effect of a decision under sub-paragraph (3)(a) is that the collection order has effect with the reserve terms varied in the way decided by the fines officer.

Textual Amendments

F2 Sch. 5 para. 31(1) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 56(5)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46

F3 Words in Sch. 5 para. 31(3)(a) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 56(5)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46

F4 Sch. 5 para. 31(3A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 56(5)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46

Commencement Information

I1 Sch. 5 para. 31 wholly in force at 5.4.2004; Sch. 5 para. 31 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 31 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 31 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 31 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)