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Application of Part

4 This Part applies if the court which is imposing the liability to pay the sum due concludes—
(a) that P should be required to pay the sum due immediately, and
(b) that he is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
Court's duty in relation to discount

5 The court must make an order—
(a) stating its conclusions on the matters referred to in paragraph 4(b),
(b) stating the amount of the sum due, the amount of the fine and the amount of any other part of the sum due, and
(c) informing P of the effect of paragraph 6.
The discount

6 (1) P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid in accordance with the terms of 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. Part 3


    Attachment of earnings orders and applications for benefit deductions

Application of Part

7 (1) This Part applies if—
(a) the court which is 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.
(2) In the following provisions of this Part, "the relevant court" means—
(a) the court which is imposing the liability to pay the sum due, or
(b) if sub-paragraph (1)(b) applies, the magistrates' court responsible for enforcing payment of the sum due.

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Attachment of earnings order or application for benefit deductions without P's consent

8 (1) This paragraph applies if 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.
Attachment of earnings order or application for benefit deductions with P's consent

9 (1) This paragraph applies if the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
(2) The court may make—
(a) an attachment of earnings order, or
(b) an application for benefit deductions,
if P consents.
Meaning of "relevant benefit" and "application for benefit deductions"

10 In this Schedule—
(a) "relevant benefit" means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (c. 53) (recovery of fines etc. by deductions from income support etc.), and
(b) "application for benefit deductions", in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit. Part 4


    Making of collection orders

Application of Part

11 (1) This Part applies if—
(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.

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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) 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.

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(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. 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.

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


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