SCHEDULES
C1C2C3C4 SCHEDULE 5Collection of fines F1AND OTHER SUMS IMPOSED ON CONVICTION
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)
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)
Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)
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)
F2PART 3BJUSTICE ACT (NORTHERN IRELAND) 2016: INFORMATION SHARING
Sch. 5 Pt. 3B inserted (N.I.) (12.4.2017 coming into force in accordance with art. 1(2)) by The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017 (S.I. 2017/570), arts. 1(2), 2(2)
Attachment of earnings orders: disclosure of information
10A
1
Her Majesty’s Revenue and Customs, or a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, may disclose finances information to a court in Northern Ireland or a collection officer for the purpose of—
a
facilitating a decision by the court or officer whether or not to make an attachment of earnings order, or
b
facilitating the making of an attachment of earnings order by the court or officer.
2
In sub-paragraph (1), “finances information” means information—
a
which is about a person’s income, gains or capital and is held by—
i
Her Majesty’s Revenue and Customs, or
ii
a person providing services to the Commissioners for Her Majesty’s Revenue and Customs in connection with the provision of those services, or
b
which is held with information of the description given in paragraph (a).
3
A person to whom information is disclosed under this paragraph commits an offence if the person—
a
discloses the information to another person, or
b
uses the information for a purpose other than a purpose referred to in sub-paragraph (1).
4
It is not an offence under sub-paragraph (3)—
a
to disclose any information in accordance with a statutory provision or an order of a court or of a tribunal established by or under a statutory provision or for the purposes of any proceedings before a court,
b
to disclose or use any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or
c
to disclose or use any information which has previously been lawfully disclosed to the public.
5
It is a defence for a person charged with an offence under sub-paragraph (3) to prove that the person reasonably believed that the disclosure or use was lawful.
6
A person guilty of an offence under sub-paragraph (3) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.
7
Nothing in this paragraph authorises the making of a disclosure which contravenes F3the data protection legislation.
8
In this paragraph—
“attachment of earnings order” and “collection officer” each have the same meaning as in Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 (see section 27(1) of that Act);
F4“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“information” means information held in any form;
“statutory provision” has the same meaning as in the Interpretation Act (Northern Ireland) 1954 (see section 1(f) of that Act).
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)