SCHEDULES
C1C2C3C4 SCHEDULE 5Collection of fines F4AND 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)
Part 8Operation of collection orders containing reserve terms
Application of Part
I129
F81
This Part applies if—
a
a collection order contains reserve terms, and
b
the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.
F92
This Part also applies if (through the application of Part 6 by virtue of paragraph 21(2))—
a
a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) contains reserve terms, and
b
the attachment of earnings order or application for benefit deductions made under Part 6 fails.
Requirement to notify P on failure of an attachment of earnings order etc.
I230
The fines officer must deliver to P a notice (“a payment notice”) informing P—
a
that the order or application has failed and the reserve terms have effect,
b
what P has to do to comply with the reserve terms, and
c
of his right to make applications under paragraph 31.
Application to fines officer for variation of reserve terms
I331
F51
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.
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 F6..., or
b
not to vary them.
F73A
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.
Appeal against decision of fines officer
I432
1
P may, within 10 working days from the date of a decision under paragraph 31(3), appeal to the magistrates' court against the decision.
2
On an appeal under this paragraph the magistrates' court may—
a
confirm or vary the reserve terms, or
b
discharge the order and exercise any of its standard powers in respect of persons liable to pay fines F1or other sums .
Increase in fine on first default
33
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of increase etc.
34
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)