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    (  15  )

 
 

              (a)             a variation under paragraph 35(2)(a) (variation in P’s favour

 

following increase), or

 

              (b)             a variation under paragraph 39(3)(a) (variation by court).

 

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

 

              (a)             there has been a material change in P’s circumstances since—

 

                    (i)                   the relevant variation, or

 

                    (ii)                  the last variation under this paragraph, or

 

              (b)             P is making further information about his circumstances

 

available.

 

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

 

              (a)             to vary the payment terms (or the reserve terms) in P’s favour, or

 

              (b)             not to vary them.

 

          (5)      A decision of the fines officer under this paragraph must be in writing,

 

dated and delivered to P.

 

          (6)      P may, within 10 working days from the date of a decision under sub-

 

paragraph (4), appeal to the magistrates’ court against the decision.

 

          (7)      Subject to paragraph 39, the effect of a decision under sub-paragraph

 

(4)(a) is to vary the payment terms (or the reserve terms).

 

Functions of fines officer in relation to defaulters: referral or further steps notice

 

  37      (1)      This paragraph applies if P fails to contact the fines officer as required by

 

an increase notice under paragraph 28 or 34.

 

          (2)      This paragraph also applies if—

 

              (a)             P contacts the fines officer as required by an increase notice

 

under paragraph 28 or 34,

 

              (b)             the fines officer decides under paragraph 35(2) not to vary the

 

payment terms (or the reserve terms), and

 

              (c)             no appeal under paragraph 35(4) (appeal against decision about

 

variation following increase) is pending.

 

          (3)      This paragraph also applies if after the increase is imposed—

 

              (a)             there is a relevant variation of the payment terms (or the reserve

 

terms),

 

              (b)             no relevant appeal is pending,

 

              (c)             no application under paragraph 36(1) (application for further

 

variation in P’s favour) is pending, and

 

              (d)             no reference under paragraph 42 (power of fines officer to refer

 

case to magistrates’ court) is pending,

 

                   but P is again in default on the order.

 

          (4)      “Relevant variation of the payment terms (or the reserve terms)” has the

 

same meaning as in paragraph 36.

 

          (5)      “Relevant appeal” means an appeal under—

 

              (a)             paragraph 35(4) (appeal against decision whether to vary

 

following increase), or

 

              (b)             paragraph 36(6) (appeal against decision on application for

 

further variation).

 

          (6)      The fines officer must—

 

              (a)             refer P’s case to the magistrates’ court, or


 
 

    (  16  )

 
 

              (b)             deliver to P a notice (a “further steps notice”) that he intends to

 

take one or more of the steps listed in paragraph 38.

 

          (7)      Any steps that the fines officer intends to take must be specified in the

 

notice.

 

          (8)      A further steps notice must be in writing and dated.

 

          (9)      P may, within 10 working days from the date of the further steps notice,

 

appeal to the magistrates’ court against it.

 

The range of further steps available against defaulters

 

  38      (1)      The steps referred to in paragraphs 37(6)(b) and 39(3) and (4) (powers to

 

take further steps) are—

 

              (a)             issuing a warrant of distress for the purpose of levying the sum

 

due;

 

              (b)             registering the sum in the register of judgments and orders

 

required to be kept by section 96;

 

              (c)             making an attachment of earnings order or an application for

 

benefit deductions;

 

              (d)             subject to sub-paragraph (3), making a clamping order;

 

              (e)             taking any other step permitted under provisions of fines

 

collections regulations which apply any other enforcement

 

power of a magistrates’ court (with or without modifications).

 

          (2)      A clamping order is an order—

 

              (a)             that a motor vehicle be fitted with an immobilisation device

 

(“clamped”), and

 

              (b)             which complies with any requirements that are imposed by fines

 

collection regulations under paragraph 46 with respect to the

 

making of clamping orders.

 

          (3)      A clamping order must not be made except in relation to a vehicle which

 

is registered under the Vehicle Excise and Registration Act 1994 (c. 22) in

 

P’s name.

 

Powers of court after increase

 

  39      (1)      This paragraph applies if the magistrates’ court is hearing P’s case

 

following—

 

              (a)             an appeal under paragraph 35(4) or 36(6) (appeals against

 

decisions about variation following increase),

 

              (b)             a referral under paragraph 37(6)(a) (functions of fines officer in

 

relation to defaulters), or

 

              (c)             an appeal under paragraph 37(9) (appeal against a further steps

 

notice).

 

          (2)      If the magistrates’ court is satisfied that the circumstances of P’s case are

 

exceptional, it may make an order that if, after the making of the order,

 

all amounts due under the collection order, other than the part of the fine

 

representing the increase, are paid without P being in further default on

 

the order, P’s liability to pay that part is extinguished.

 

          (3)      On an appeal or referral falling within sub-paragraph (1)(a) or (b), the

 

court may—

 

              (a)             vary the payment terms (or the reserve terms);

 

              (b)             take any of the steps listed in paragraph 38;


 
 

    (  17  )

 
 

              (c)             discharge the order and exercise any of its standard powers in

 

respect of persons liable to pay fines.

 

          (4)      On an appeal against a further steps notice, the court may—

 

              (a)             confirm or quash the notice;

 

              (b)             vary the notice so as to specify any step listed in paragraph 38;

 

              (c)             vary the payment terms (or the reserve terms);

 

              (d)             discharge the order and exercise any of its standard powers in

 

respect of persons liable to pay fines.

 

Implementation of further steps notice

 

  40       If—

 

              (a)             P does not appeal within 10 working days against a further steps

 

notice, or

 

              (b)             he does so but the further steps notice is confirmed or varied,

 

           any step specified in the notice (or the notice as varied) may be taken.

 

Power to order sale of clamped vehicle

 

  41      (1)      This paragraph applies if—

 

              (a)             a motor vehicle has been clamped under a clamping order, and

 

              (b)             at the end of the period specified in fines collection regulations

 

under paragraph 46 any part of the sum due is unpaid.

 

          (2)      The magistrates’ court may order that—

 

              (a)             the vehicle is to be sold or otherwise disposed of in accordance

 

with those regulations, and

 

              (b)             any proceeds are to be applied in accordance with those

 

regulations in discharging P’s liability in respect of the sum due.

 

Power of fines officer to refer case to magistrates’ court

 

  42      (1)      The fines officer may refer a case to the magistrates’ court at any time

 

during the period which—

 

              (a)             begins the day after the collection order is made, and

 

              (b)             ends with the date on which—

 

                    (i)                   the sum due (including any increase to which he remains

 

liable) is paid, or

 

                    (ii)                  the order is discharged.

 

          (2)      On a referral under this paragraph, the court may—

 

              (a)             confirm or vary the payment terms (or the reserve terms),

 

              (b)             discharge the order and exercise any of its standard powers in

 

respect of persons liable to pay fines, or

 

              (c)             to the extent permitted by fines collection regulations, exercise a

 

power it could exercise under any other paragraph.

 

          (3)      Fines collection regulations may provide for the fines officer to have the

 

power to issue a summons for the purpose of ensuring that P attends a

 

magistrates’ court to whom P’s case has been referred under this

 

paragraph or paragraph 37.


 
 

    (  18  )

 
 

Part 10

 

Supplementary provisions

 

Fines collection regulations

 

  43       In this Schedule “fines collection regulations” means regulations made

 

by the Lord Chancellor for the purpose of giving effect to this Schedule.

 

  44      (1)      Fines collection regulations may, for the purpose of giving effect to this

 

Schedule and section (Collection of fines and discharge of fines by unpaid

 

work) so far as it relates to this Schedule, make provision modifying (or

 

applying with modifications) any enactment which relates to fines or the

 

enforcement of payment of sums falling within paragraph 1(1).

 

          (2)      The enactments which may be so modified (or applied with

 

modifications) include enactments containing offences.

 

          (3)      Fines collection regulations may make different provision for different

 

cases.

 

  45       Fines collection regulations may, for the purpose of giving effect to the

 

powers to make attachment of earnings orders, make provision as to the

 

method for calculating the amounts which are to be deducted from P’s

 

earnings.

 

  46      (1)      Fines collection regulations may, for the purpose of giving effect to the

 

powers to make clamping orders and to order the sale of clamped motor

 

vehicles, make provision in connection with—

 

              (a)             the fitting of immobilisation devices;

 

              (b)             the fitting of immobilisation notices to motor vehicles to which

 

immobilisation devices have been fitted;

 

              (c)             the removal and storage of motor vehicles;

 

              (d)             the release of motor vehicles from immobilisation devices or

 

from storage (including the conditions to be met before the

 

vehicle is released);

 

              (e)             the sale or other disposal of motor vehicles not released.

 

          (2)      Fines collection regulations must provide that an immobilisation device

 

may not be fitted to a vehicle—

 

              (a)             which displays a current disabled person’s badge, or

 

              (b)             in relation to which there are reasonable grounds for believing

 

that it is used for the carriage of a disabled person.

 

          (3)      In this Schedule—

 

                                    “disabled person’s badge” means a badge issued, or having effect

 

as if issued, under regulations made under section 21 of the

 

Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges

 

for display on motor vehicles used by disabled persons);

 

                                    “immobilisation device” has the same meaning as in section 104(9)

 

of the Road Traffic Regulation Act 1984 (c. 27) (immobilisation

 

of vehicles illegally parked);

 

                                    “motor vehicle” means a mechanically propelled vehicle intended

 

or adapted for use on roads, except that section 189 of the Road

 

Traffic Act 1988 (c. 52) (exceptions for certain vehicles) applies

 

for the purposes of this Schedule as it applies for the purposes

 

of the Road Traffic Acts.


 
 

    (  19  )

 
 

  47       Fines collection regulations may make provision relating to cases where

 

a person who is subject to a collection order changes his place of

 

residence.

 

Offences of providing false information, failing to disclose information etc.

 

  48      (1)      P commits an offence if, in providing a statement of his financial

 

circumstances to a fines officer in response to a relevant request, he—

 

              (a)             makes a statement which he knows to be false in a material

 

particular,

 

              (b)             recklessly provides a statement which is false in a material

 

particular, or

 

              (c)             knowingly fails to disclose any material fact.

 

          (2)      A person guilty of an offence under sub-paragraph (1) is liable on

 

summary conviction to a fine not exceeding level 4 on the standard scale.

 

          (3)      P commits an offence if he fails to provide a statement of his financial

 

circumstances to a fines officer in response to a relevant request.

 

          (4)      A person guilty of an offence under sub-paragraph (3) is liable on

 

summary conviction to a fine not exceeding level 2 on the standard scale.

 

          (5)      A relevant request is a request for information about P’s financial

 

circumstances which—

 

              (a)             is made by a fines officer, and

 

              (b)             is expressed to be made for the purpose of determining whether

 

or how the fines officer should vary the payment terms (or the

 

reserve terms) of a collection order in P’s favour.

 

          (6)      Proceedings in respect of an offence under this paragraph may be

 

commenced at any time within—

 

              (a)             2 years from the date of the commission of the offence, or

 

              (b)             6 months from its first discovery by the prosecutor,

 

                   whichever ends first.

 

Offence of meddling with vehicle clamp

 

  49      (1)      A person commits an offence if he removes or attempts to remove—

 

              (a)             an immobilisation device, or

 

              (b)             an immobilisation notice,

 

                   fitted or fixed to a motor vehicle in accordance with a clamping order

 

made under a further steps notice or under paragraph 39(3)(b) (powers

 

of court after increase).

 

          (2)      A person guilty of an offence under this paragraph is liable on summary

 

conviction to a fine not exceeding level 3 on the standard scale.

 

Meaning of “standard powers in respect of persons liable to pay fines”

 

  50       In this Schedule “standard powers in respect of persons liable to pay

 

fines” means any power—

 

              (a)             that a magistrates’ court would have had if P had not been

 

subject to a collection order but had been liable to pay the sum

 

due, and

 

              (b)             which fines collection regulations apply (with or without

 

modifications) for the purposes of this Schedule.


 
 

    (  20  )

 
 

Meaning of references to pending appeals

 

  51       For the purposes of this Schedule the period during which an appeal

 

under this Schedule is pending is to be treated as including the period

 

within which the appeal may be brought (regardless of whether it is in

 

fact brought).

 

Meaning of “10 working days”

 

  52       In this Schedule “10 working days” means any period of 10 days not

 

including—

 

              (a)             Saturday or Sunday,

 

              (b)             Christmas Day or Good Friday, or

 

              (c)             any day which is a bank holiday in England and Wales under the

 

Banking and Financial Dealings Act 1971 (c. 80).

 

Meaning of “the magistrates’ court”

 

  53       In this Schedule “the magistrates’ court”, in relation to a collection order,

 

means any magistrates’ court acting in the local justice area in which the

 

court which made the order was sitting.”

24

Insert the following new Schedule—

 

“Discharge of fines by unpaid work

 

Part 1

 

Work orders

 

Introductory

 

  1       (1)      This Part of this Schedule applies if a person aged 18 or over (“P”) is

 

liable to pay a sum which is or is treated for the purposes of Part 3 of the

 

1980 Act as a sum adjudged to be paid by conviction of a magistrates’

 

court.

 

          (2)      In this Part of this Schedule—

 

                                    “the prescribed hourly sum” means such sum as may be

 

prescribed by regulations;

 

                                    “regulations” means regulations made under this Schedule by the

 

Lord Chancellor;

 

                                    “the relevant court” means—

 

                     (a)                    the court imposing the liability to pay the relevant sum,

 

or

 

                     (b)                    if that liability has previously been imposed, the

 

magistrates’ court responsible for enforcing payment of

 

the relevant sum;

 

                                    “the relevant sum” means the sum for which P is liable as

 

mentioned in sub-paragraph (1), but excluding any pecuniary

 

compensation, any pecuniary forfeiture or any sum due in

 

respect of prosecution costs.


 
 

    (  21  )

 
 

Cases where work order may be made

 

  2       (1)      The relevant court may, on the application of a fines officer or of its own

 

motion, make an order under this Schedule (a “work order”) where—

 

              (a)             it appears to the court that in view of P’s financial circumstances

 

all the following methods of enforcing payment of the relevant

 

sum are likely to be impracticable or inappropriate—

 

                    (i)                   a warrant of distress under section 76 of the 1980 Act,

 

                    (ii)                  an application to the High Court or county court for

 

enforcement under section 87 of the 1980 Act,

 

                    (iii)                 an order under section 88 of the 1980 Act,

 

                    (iv)                  an attachment of earnings order,

 

                    (v)                   an application for deductions to be made by virtue of

 

section 24 of the Criminal Justice Act 1991 (recovery of

 

fines etc. by deductions from income support etc.), and

 

                    (vi)                  a collection order under Schedule (Collection of fines),

 

              (b)             it appears to the court that P is a suitable person to perform

 

unpaid work under this Schedule, and

 

              (c)             P consents to the making of the order.

 

          (2)      A court which is considering the making of a work order may issue a

 

summons requiring P to appear before the court.

 

          (3)               A magistrates’ court which is considering the making of a work order

 

may order P to give to the court, within a specified period, such a

 

statement of his means as the court may require.

 

          (4)               Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of

 

statement of means) apply to an order made under sub-paragraph (3) as

 

they apply to an order made under subsection (1) of that section.

 

Provisions of order

 

  3       (1)      A work order is an order requiring P to perform unpaid work for a

 

specified number of hours, in accordance with instructions to be given

 

by the fines officer, in order to discharge by virtue of this Schedule his

 

liability for the relevant sum.

 

          (2)      The order must also—

 

              (a)             state the amount of the relevant sum,

 

              (b)             specify a fines office to which the order is allocated, and

 

              (c)             specify a person (“the supervisor”) who is to act as supervisor in

 

relation to P.

 

          (3)      The specified number of hours is to be determined by dividing the

 

relevant sum by the prescribed hourly sum and, where the result is not

 

a whole number, adjusting the result upwards to the next whole

 

number.

 

          (4)      A work order must specify a date (“the specified date”) not later than

 

which the required hours of unpaid work must be performed.

 

          (5)      In the following provisions of this Part of this Schedule “the fines

 

officer”, in relation to P, means any fines officer working at the fines

 

office specified in the work order.


 
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