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    (  8  )

 
 

              (a)             the court imposing the liability to pay the sum due concludes that

 

P should not be required to pay the sum due immediately, or

 

              (b)             P was required to pay the sum due immediately but failed to do

 

so;

 

                   (and it applies whether or not the relevant court has made an attachment

 

of earnings order or application for benefit deductions under Part 3 of

 

this Schedule).

 

          (2)      In this Part “the relevant court” has the same meaning as in Part 3 of this

 

Schedule.

 

Court’s power to make a collection order

 

  12      (1)      The relevant court must make an order (“a collection order”) relating to

 

the payment of the sum due, unless it appears to the court that it is

 

impracticable or inappropriate to make the order.

 

          (2)      If P is subject to a collection order, the powers of any court to deal with

 

P’s liability to pay the sum due are subject to the provisions of this

 

Schedule and to fines collection regulations.

 

Contents of collection orders: general

 

  13      (1)      The collection order must—

 

              (a)             state the amount of the sum due, the amount of the fine and the

 

amount of any other part of the sum due,

 

              (b)             state the court’s conclusions as to whether P is an existing

 

defaulter and if so whether the existing default (or defaults) can

 

be disregarded,

 

              (c)             if the court has made an attachment of earnings order or an

 

application for benefit deductions, state that fact,

 

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

 

              (e)             contain information about the effect of the order.

 

          (2)      In this Schedule “the fines officer”, in relation to P, means any fines

 

officer working at the fines office specified in the collection order.

 

Contents of collection orders: no attachment of earnings order etc. made

 

  14      (1)      If the relevant court has not under Part 3 made an attachment of earnings

 

order or an application for benefit deductions, the collection order must

 

state the payment terms.

 

          (2)      “The payment terms” means—

 

              (a)             a term requiring P to pay the sum due within a specified period,

 

or

 

              (b)             terms requiring P to pay the sum due by instalments of specified

 

amounts on or before specified dates.

 

Contents of collection orders: attachment of earnings order etc. made

 

  15      (1)      If the court has under Part 3 of this Schedule made an attachment of

 

earnings order or an application for benefit deductions, the collection

 

order must state the reserve terms.

 

          (2)      “The reserve terms” means terms of a description mentioned in

 

paragraph 14(2) but which (subject to paragraphs 31, 32, 35, 36 and 39)


 
 

    (  9  )

 
 

are to have effect if the attachment of earnings order or application for

 

benefit deductions fails.

 

When an attachment of earnings order fails

 

  16       For the purposes of this Schedule, an attachment of earnings order fails

 

if—

 

              (a)             P’s employer fails to comply with the order, or

 

              (b)             the order is discharged at a time when P remains liable to pay any

 

part of the sum due.

 

When an application for benefit deductions fails

 

  17       For the purposes of this Schedule, an application for benefit deductions

 

fails if—

 

              (a)             the application is withdrawn,

 

              (b)             the Secretary of State decides not to make deductions,

 

              (c)             an appeal against a decision of the Secretary of State to make

 

deductions succeeds, or

 

              (d)             the Secretary of State ceases to make deductions at a time when

 

P remains liable to pay any part of the sum due.

 

Part 5

 

Discount where collection order made

 

Application of Part

 

  18       This Part applies if—

 

              (a)             a collection order has been made in respect of the sum due, and

 

              (b)             the order states that P is not an existing defaulter or, if he is, that

 

his existing default (or defaults) can be disregarded.

 

Discount on fine if the sum due is paid without default

 

  19      (1)      P is allowed a discount on the fine if the sum due, less the amount of the

 

discount, is paid without P at any time having been in default on the

 

order.

 

          (2)      The amount of the discount is to be determined in accordance with fines

 

collection regulations but must not be greater than 50% of the fine.

 

          (3)      The discount is given effect by extinguishing P’s liability to pay the part

 

of the sum due that is equal to the amount of the discount.

 

Meaning of “in default on a collection order”

 

  20       For the purposes of this Schedule, P is in default on a collection order if

 

he fails to pay any amount due under the payment terms (or, if they have

 

effect, the reserve terms) on or before the date on which it is required to

 

be paid.


 
 

    (  10  )

 
 

Part 6

 

Variation of collection orders containing payment terms

 

Application of Part

 

  21       This Part applies if the court has made a collection order and the order

 

contains payment terms.

 

Application to fines officer for variation of order or attachment of earnings order etc.

 

  22      (1)      P may, at any time—

 

              (a)             after the collection order is made and before Part 7 applies, and

 

              (b)             when he is not in default on the order,

 

                   apply to the fines officer under this paragraph.

 

          (2)      P may apply for—

 

              (a)             the payment terms to be varied, or

 

              (b)             an attachment of earnings order or application for benefit

 

deductions to be made.

 

          (3)      No application may be made under sub-paragraph (2)(a) unless—

 

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

 

collection order was made (or the payment terms were last

 

varied under this paragraph), or

 

              (b)             P is making further information about his circumstances

 

available.

 

          (4)      On an application under sub-paragraph (2)(a), the fines officer may

 

decide—

 

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

 

              (b)             not to vary them.

 

          (5)      On an application under sub-paragraph (2)(b), the fines officer may

 

decide—

 

              (a)             to make an attachment of earnings order or application for

 

benefit deductions, or

 

              (b)             not to do so.

 

          (6)      If he decides to make an order or application he must vary the collection

 

order so that it states reserve terms.

 

          (7)      The reserve terms must not be less favourable to P than the payment

 

terms.

 

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

 

dated and delivered to P.

 

          (9)      Subject to paragraph 23, the effect of—

 

              (a)             a decision under sub-paragraph (4)(a), and

 

              (b)             a variation under sub-paragraph (6),

 

                   is that the collection order has effect as varied by the fines officer.

 

Appeal against decision of fines officer

 

  23      (1)      P may, within 10 working days from the date of a decision under

 

paragraph 22, appeal to the magistrates’ court against the decision.

 

          (2)      On an appeal under this paragraph the magistrates’ court may—


 
 

    (  11  )

 
 

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

 

              (b)             if the appeal is against a decision on an application under

 

paragraph 22(2)(b) or if P consents, make an attachment of

 

earnings order or an application for benefit deductions, or

 

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

 

powers in respect of persons liable to pay fines.

 

          (3)      If the court makes an attachment of earnings order or an application for

 

benefit deductions, it must vary the collection order so that it states

 

reserve terms.

 

Nature of power to vary terms of collection order

 

  24      (1)      A power to vary the payment terms of a collection order includes power

 

to—

 

              (a)             substitute terms requiring P to pay by specified instalments on or

 

before specified dates for a term requiring P to pay within a

 

specified period, or

 

              (b)             substitute a term requiring P to pay within a specified period for

 

terms requiring P to pay the sum due by specified instalments on

 

or before specified dates.

 

          (2)      Subject to sub-paragraph (1), a power to vary the payment terms of a

 

collection order under which the sum due is required to be paid within

 

a specified period is a power to vary the date on or before which the sum

 

due is to be paid.

 

          (3)      Subject to sub-paragraph (1), a power to vary the payment terms of a

 

collection order under which the sum due is required to be paid by

 

specified instalments on or before specified dates is a power to vary—

 

              (a)             the number of instalments payable;

 

              (b)             the amount of any instalment;

 

              (c)             the date on or before which any instalment is required to be paid.

 

          (4)      This paragraph applies in relation to the variation of the reserve terms as

 

it applies in relation to the payment terms.

 

Part 7

 

Effect of first default on collection order containing payment terms

 

Application of Part

 

  25       This Part applies on the first occasion on which P is in default on a

 

collection order containing payment terms and none of the following is

 

pending—

 

              (a)             an application under paragraph 22 (application to fines officer

 

for variation of order or for attachment of earnings order etc.);

 

              (b)             an appeal under paragraph 23 (appeal against decision of fines

 

officer);

 

              (c)             a reference under paragraph 42 (power of fines officer to refer

 

case to magistrates’ court).

 

Attachment of earnings order or application for benefit deductions to be made

 

  26      (1)      The fines officer must make an attachment of earnings order if it appears

 

to him—


 
 

    (  12  )

 
 

              (a)             that P is in employment, and

 

              (b)             that it is not impracticable or inappropriate to make the order.

 

          (2)      The fines officer must make an application for benefit deductions if it

 

appears to him—

 

              (a)             that P is entitled to a relevant benefit, and

 

              (b)             that it is not impracticable or inappropriate to make the

 

application.

 

          (3)      If it appears to the fines officer that (apart from this sub-paragraph) both

 

sub-paragraph (1) and sub-paragraph (2) would apply, he must make

 

either an attachment of earnings order or an application for benefit

 

deductions.

 

Increase in fine

 

  27      (1)      This paragraph applies if—

 

              (a)             an attachment of earnings order, or

 

              (b)             an application for benefit deductions,

 

                   made under paragraph 26 fails.

 

          (2)      This paragraph also applies if the fines officer does not make—

 

              (a)             an attachment of earnings order, or

 

              (b)             an application for benefit deductions,

 

                   under paragraph 26.

 

          (3)      An increase is imposed on the fine which is the subject of the order.

 

          (4)      The amount of the increase is to be determined in accordance with fines

 

collection regulations but must not be greater than 50% of the fine.

 

          (5)      The increase is given effect by treating it as part of the fine imposed on P

 

on his conviction.

 

          (6)      But the liability to pay the part of the fine representing the increase—

 

              (a)             ranks after the liability to pay any other part of the sum due, and

 

              (b)             is subject to paragraphs 35(6) and 39(2) (liability to increase

 

extinguished in cases of subsequent compliance).

 

Notice of increase etc.

 

  28       If an increase is imposed, the fines officer must deliver a notice to P (an

 

“increase notice”)—

 

              (a)             informing P of the increase, and

 

              (b)             requiring P, within 10 working days from the date of the notice,

 

to contact the fines officer, in person or in writing, with a view to

 

reviewing the position.

 

Part 8

 

Operation of collection order containing reserve terms

 

Application of Part

 

  29       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.


 
 

    (  13  )

 
 

Requirement to notify P on failure of an attachment of earnings order etc.

 

  30       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

 

  31      (1)      P may, at any time—

 

              (a)             after the date of a payment notice under paragraph 30 and before

 

an increase is imposed under paragraph 33, and

 

              (b)             when he is not in default on the collection order,

 

                   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 in P’s favour, or

 

              (b)             not to vary them.

 

          (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

 

  32      (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.

 

Increase in fine on first default

 

  33      (1)      This paragraph applies on the first occasion on which P is in default on

 

the collection order and none of the following is pending—

 

              (a)             an application under paragraph 31(1) (application to fines officer

 

for variation of reserve terms);

 

              (b)             an appeal under paragraph 32(1) (appeal against decision of fines

 

officer);

 

              (c)             a reference under paragraph 42 (power of fines officer to refer

 

case to magistrates’ court).

 

          (2)      An increase is imposed on the fine which is the subject of the order.


 
 

    (  14  )

 
 

          (3)      The amount of the increase is to be determined in accordance with fines

 

collection regulations but must not be greater than 50% of the fine.

 

          (4)      The increase is given effect by treating it as part of the fine imposed on P

 

on his conviction.

 

          (5)      But the liability to pay the part of the fine representing the increase—

 

              (a)             ranks after the liability to pay any other part of the sum due, and

 

              (b)             is subject to paragraphs 35(6) and 39(2) (liability to increase

 

extinguished in cases of subsequent compliance).

 

Notice of increase etc.

 

  34       If an increase is imposed the fines officer must deliver a notice to P (an

 

“increase notice”)—

 

              (a)             informing P of the increase, and

 

              (b)             requiring P, within 10 working days from the date of the notice,

 

to contact the fines officer, in person or in writing, with a view to

 

reviewing the position.

 

Part 9

 

Operation of collection orders after increase imposed

 

Effect of compliance with requirement to contact fines officer

 

  35      (1)      This paragraph applies if P contacts the fines officer as required by an

 

increase notice under paragraph 28 or 34.

 

          (2)      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.

 

          (3)      A decision of the fines officer under sub-paragraph (2) must be in

 

writing, dated and delivered to P.

 

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

 

paragraph (2), appeal to the magistrates’ court against the decision.

 

          (5)      Subject to paragraph 39 (powers of court after increase), the effect of a

 

decision under sub-paragraph (2)(a) is to vary the payment terms (or the

 

reserve terms).

 

          (6)      If, after the payment terms (or the reserve terms) are varied under sub-

 

paragraph (2)(a), all amounts due under the 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.

 

Application to fines officer after increase for variation of payment terms

 

  36      (1)      P may, at any time—

 

              (a)             after a relevant variation of the payment terms (or the reserve

 

terms) and before paragraph 37 applies in relation to him, and

 

              (b)             when he is not in default on the collection order,

 

                   apply to the fines officer for those terms to be further varied.

 

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

 

means—


 
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