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Compensation for responsible authorities | |
15 The Lord Chancellor may, to the extent he thinks fit, compensate a | |
responsible authority in respect of costs incurred by the authority as a result | |
of this Act in respect of a person who— | |
(a) immediately before the appointed day is employed by the authority | 5 |
under a contract of employment, and | |
(b) spends part of his time on duties connected with the relevant | |
functions of the authority, | |
but who is not transferred to the Lord Chancellor’s employment by virtue of | |
paragraph 12. | 10 |
Part 3 | |
Miscellaneous and supplementary | |
Continuing provision of court-houses, accommodation etc. | |
16 (1) The Lord Chancellor may by regulations provide that any petty sessional | |
court-house or other accommodation specified in the regulations which | 15 |
immediately before the abolition day was being provided by— | |
(a) the council of an outer London borough, or | |
(b) the Common Council of the City of London, | |
pursuant to regulations made under paragraph 35 of Schedule 14 to the | |
Access to Justice Act 1999 (c. 22) shall on and after that day be provided by | 20 |
that council to the Lord Chancellor for the performance of his functions | |
under section 3. | |
(2) Regulations under sub-paragraph (1) may— | |
(a) prescribe terms and conditions, including conditions as to payment, | |
on which any court-house or other accommodation is to be provided, | 25 |
and | |
(b) prohibit a council providing a court-house or other accommodation | |
under sub-paragraph (1) from altering or extending it without the | |
consent of the Lord Chancellor. | |
Assistance | 30 |
17 It is the duty of each magistrates’ courts committee, and each person falling | |
within paragraph 1(2) to provide the Lord Chancellor with such information | |
or assistance as he may reasonably require for the purposes of, or in | |
connection with— | |
(a) the exercise of any powers exercisable by him in relation to a | 35 |
property transfer scheme, or | |
(b) Part 2 of this Schedule. | |
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Schedule 3 | |
Section 36 | |
Collection of fines by fines officers | |
Part 1 | |
Introduction | |
Application of Schedule | 5 |
1 (1) This Schedule applies if— | |
(a) a person (“P”) is liable to pay a sum which— | |
(i) consists of or includes a fine, and | |
(ii) 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’ | 10 |
court, and | |
(b) sub-paragraph (4) or (5) applies to P. | |
(2) In this Schedule “the sum due” means the sum adjudged to be paid as | |
mentioned in sub-paragraph (1)(a). | |
(3) In this Schedule “fine” does not include any pecuniary penalty, pecuniary | 15 |
forfeiture or pecuniary compensation payable on conviction. | |
(4) This sub-paragraph applies to P if, under section 75(1) of the 1980 Act, a | |
magistrates’ court has decided to— | |
(a) allow time for payment of the sum due, or | |
(b) order payment by instalments of the sum due. | 20 |
(5) This sub-paragraph applies to P if, under section 139(1) or 141 of the 2000 | |
Act, the Crown Court has decided to— | |
(a) allow time for payment of the sum due, or | |
(b) order (or direct) payment by instalments of the sum due. | |
Court’s power to make a collection order | 25 |
2 (1) Where this Schedule applies, the court may make an order in relation to P (a | |
“collection order”) that payment of the sum due is to be enforced through | |
the fines collection scheme. | |
(2) The collection order must— | |
(a) identify the fines officer who is to have the powers conferred by this | 30 |
Schedule, | |
(b) state the amount of the sum due, the amount of the fine and the | |
amount of any other part of the sum due, | |
(c) state the initial terms of the order, and | |
(d) contain information about how the fines collection scheme works. | 35 |
(3) “The initial terms of the order” means— | |
(a) if the court has decided that time should be allowed for payment, the | |
period within which the sum due is required to be paid; | |
(b) if the court has decided that P should pay by instalments, the | |
amounts of the instalments and the dates on which they must be | 40 |
paid. | |
(4) If P is subject to a collection order— | |
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(a) the fines collection scheme applies to him, and | |
(b) the powers of any court to deal with his liability to pay the sum due | |
are subject to the provisions of the scheme. | |
(5) “The fines collection scheme” means— | |
(a) this Schedule, and | 5 |
(b) regulations made by the Lord Chancellor for the purpose of giving | |
effect to it (“fines collection regulations”). | |
Identification of the fines officer | |
3 (1) The collection order may identify the fines officer by giving the address of a | |
fines office. | 10 |
(2) If it does so, any fines officer working in the fines office is to be treated as the | |
fines officer in relation to the collection order. | |
Part 2 | |
The fines collection scheme: main components | |
Meaning of “in default” | 15 |
4 For the purposes of this Schedule, P is in default on a collection order if he | |
fails to pay any amount due under the terms of the order on the date on | |
which it is required to be paid. | |
Nature of power to vary terms of collection order, and to vary them in P’s favour | |
5 (1) A power to vary the terms of a collection order includes power to— | 20 |
(a) substitute terms requiring payment by instalments for a term | |
allowing time for payment, or | |
(b) substitute a term allowing time for payment for terms requiring | |
payment by instalments. | |
(2) Subject to sub-paragraph (1), a power to vary the terms of a collection order | 25 |
under which the sum due is required to be paid on a specified date is a | |
power to vary the date on which the sum due is to be paid. | |
(3) Subject to sub-paragraph (1), a power to vary the terms of a collection order | |
under which the sum due is required to be paid by instalments is a power to | |
vary— | 30 |
(a) the number of instalments payable; | |
(b) the amount of any instalment; | |
(c) the date on which any instalment becomes payable. | |
(4) Any variation of the terms of a collection order under which smaller | |
instalments are required to be paid over a longer period is to be regarded as | 35 |
a variation in P’s favour. | |
Discount on fine if the sum due is paid without default | |
6 (1) A discount on a fine is available if— | |
(a) the terms of the collection order require the sum due (or an | |
outstanding part of the sum due) to be paid within a specified | 40 |
period, and | |
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(b) the sum due (or the outstanding part of the sum due), less the | |
amount of the discount, is paid at or before the end of that period | |
without P having been at any time in default on the order. | |
(2) A discount on a fine is also available if— | |
(a) the terms of the collection order require the sum due (or outstanding | 5 |
amounts of the sum due) to be paid by instalments, and | |
(b) the instalments (or the outstanding instalments), less the amount of | |
the discount, are paid without P having been at any time in default | |
on the order. | |
(3) The amount of the discount is to be determined in accordance with fines | 10 |
collection regulations but must not be greater than 50% of the fine. | |
(4) 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. | |
(5) Sub-paragraphs (1) and (2) do not apply if P is in default— | |
(a) on another collection order, or | 15 |
(b) in payment of a sum due in respect of which no collection order has | |
been made. | |
Application to fines officer for variation of the initial terms of the order | |
7 (1) P may, at any time— | |
(a) after the collection order is made, and | 20 |
(b) before he is in default on it, | |
apply to the fines officer for the initial terms of the order to be varied. | |
(2) On such an application being made, the fines officer may decide— | |
(a) to vary the initial terms of the order in P’s favour, or | |
(b) not to vary them. | 25 |
(3) A decision of the fines officer under this paragraph must be in writing, dated | |
and delivered to P. | |
(4) Subject to paragraph 8, the effect of a decision under sub-paragraph (2)(a) is | |
that the collection order has effect with the terms varied in the way decided | |
by the fines officer. | 30 |
Appeal against decision of fines officer | |
8 (1) P may, within 10 working days from the date of the decision under | |
paragraph 7, appeal to a magistrates’ court against the decision. | |
(2) On an appeal under this paragraph the magistrates’ court may— | |
(a) confirm or vary the initial terms of the collection order, or | 35 |
(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 | |
9 (1) This paragraph applies if— | |
(a) P is in default on the collection order, and | 40 |
(b) none of the following is pending— | |
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(i) an application under paragraph 7 (application to fines officer | |
for variation of the initial terms of the order); | |
(ii) an appeal under paragraph 8 (appeal against decision of fines | |
officer); | |
(iii) a reference under paragraph 17 (power of fines officer to refer | 5 |
case to magistrates’ court). | |
(2) An increase is imposed on the fine which is the subject of the order. | |
(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 | 10 |
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 11(6) and 14(2) (liability to increase | |
extinguished in cases of subsequent compliance). | 15 |
Notice of increase | |
10 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 | 20 |
contact him, in person or in writing, with a view to explaining why | |
he is in default on the order. | |
Effect of compliance with requirement to contact fines officer | |
11 (1) This paragraph applies if P contacts the fines officer as required by an | |
increase notice. | 25 |
(2) The fines officer may decide— | |
(a) to vary the terms of the collection order in P’s favour, or | |
(b) not to vary it. | |
(3) A decision of the fines officer under sub-paragraph (2) must be in writing, | |
dated and delivered to P. | 30 |
(4) P may, within 10 working days from the date of the decision under sub- | |
paragraph (2), appeal to a magistrates’ court against the decision. | |
(5) Subject to paragraph 14 (powers of court after increase), the effect of a | |
decision under sub-paragraph (2)(a) is to vary the terms of the order. | |
(6) If, after the terms of the order are varied by virtue of sub-paragraph (2)(a), | 35 |
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. | |
Functions of fines officer in relation to defaulters: referral or further steps notice | |
12 (1) This paragraph applies if P fails to contact the fines officer as required by an | 40 |
increase notice. | |
(2) This paragraph also applies if— | |
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(a) P contacts the fines officer as required by an increase notice, | |
(b) the fines officer decides not to vary the collection order, and | |
(c) no appeal under paragraph 11(4) (appeal against decision about | |
variation following increase) is pending. | |
(3) This paragraph also applies if, after the increase is imposed— | 5 |
(a) there is a relevant variation of the terms of the collection order, but | |
(b) P is again in default on the order. | |
(4) “Relevant variation in the terms of the collection order” means— | |
(a) a variation under paragraph 11(2)(a) (variation in P’s favour | |
following increase) in relation to which no appeal under paragraph | 10 |
11(4) is pending, or | |
(b) a variation under paragraph 14(3)(a) (variation by court) on an | |
appeal under paragraph 11(4). | |
(5) The fines officer must— | |
(a) refer P’s case to the magistrates’ court, or | 15 |
(b) deliver to P a notice (a “further steps notice”) that he intends to take | |
one or more of the steps listed in paragraph 13. | |
(6) Any steps that the fines officer intends to take must be specified in the notice. | |
(7) A further steps notice must be in writing and dated. | |
(8) P may within 10 working days from the date of the further steps notice | 20 |
appeal to the magistrates’ court against it. | |
The range of further steps available against defaulters | |
13 (1) The steps referred to in paragraphs 12(5)(b) and 14(3) and (4) (powers to take | |
further steps) are— | |
(a) issuing a warrant of distress for the purpose of levying the sum due; | 25 |
(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; | |
(d) subject to sub-paragraph (3), making a clamping order; | |
(e) taking any other step permitted under provisions of fines collections | 30 |
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 | 35 |
(b) which complies with any requirements that are imposed by fines | |
collection regulations under paragraph 18 with respect to the making | |
of clamping orders. | |
(3) But 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 | 40 |
name. | |
Powers of court after increase | |
14 (1) This paragraph applies if the magistrates’ court is hearing P’s case | |
following— | |
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(a) an appeal against a decision under paragraph 11(4) (appeal against | |
decision about variation following increase), | |
(b) a referral under paragraph 12(5)(a) (functions of fines officer in | |
relation to defaulters), or | |
(c) an appeal under paragraph 12(8) (appeal against a further steps | 5 |
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 | 10 |
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 terms of the collection order; | |
(b) take any of the steps listed in paragraph 13; | 15 |
(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 13. | 20 |
Implementation of further steps notice | |
15 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, | 25 |
any step specified in the notice (or the notice as varied) may be taken. | |
Power to order sale of clamped vehicle | |
16 (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 | 30 |
paragraph 18 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 | 35 |
in discharging P’s liability in respect of the sum due. | |
Power of fines officer to refer case to magistrates’ court | |
17 (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 | 40 |
(b) ends with the date on which— | |
(i) the sum due (including any increase) is paid in full, or | |
(ii) the order is discharged. | |
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