Attachment of earnings order or application for benefit deductions without P’s consentE+W
8[F1(1)This paragraph applies if—E+W
(a)paragraph 7A does not apply, and
(b)the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.]
(2)The court must make an attachment of earnings order if it appears to the court—
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order.
(3)The court must make an application for benefit deductions if it appears to the court—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(4)If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.
Textual Amendments
F1Sch. 5 para. 8(1) substituted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 12
Commencement Information
I1Sch. 5 para. 8 wholly in force at 5.4.2004; Sch. 5 para. 8 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 8 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 8 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 8 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)