SCHEDULES

C1C2C3C4 SCHEDULE 5Collection of fines F2AND OTHER SUMS IMPOSED ON CONVICTION

Annotations:
Amendments (Textual)
F2

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)

C3

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

Part 9F1FURTHER STEPS

Annotations:
Amendments (Textual)
F1

Sch. 5 Pt. 9: heading substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 23

F3Duty of fines officer if warrant of control withdrawn or discharged

Annotations:
Amendments (Textual)
F3

Sch. 5 paras. 40A-40C and cross-headings inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 88(8), 151(1); S.I. 2013/453, art. 4(a)

40C

1

This paragraph applies if condition A or B is met.

2

Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A.

3

Condition B is that—

a

in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due,

b

the fines officer has referred P's case to the magistrates' court under paragraph 42,

c

the magistrates' court has discharged the warrant of control under paragraph 40B(2), and

d

the magistrates' court has not discharged the collection order or exercised any of its powers under paragraph 42(2).

4

If P remains liable to pay any part of the sum due, the fines officer must—

a

take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or

b

deliver to P a replacement notice and take one or more of the steps specified in that notice, or

c

refer P's case to, or back to, the magistrates' court under paragraph 42.