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Courts Bill [HL]


Courts Bill [HL]
Schedule 5 — Collection of fines
Part 8 — Operation of collection orders containing reserve terms

    80

 

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.

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          (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.

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          (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—

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              (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

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“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.

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Part 8

Operation of collection orders containing reserve terms

Application of Part

  29       This Part applies if—

              (a)             a collection order contains reserve terms, and

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

deductions made under Part 3 or 6 fails.

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—

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              (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.

 

 

Courts Bill [HL]
Schedule 5 — Collection of fines
Part 8 — Operation of collection orders containing reserve terms

    81

 

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,

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                   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.

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          (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.

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          (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

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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.

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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);

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              (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.

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          (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—

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              (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).

 

 

Courts Bill [HL]
Schedule 5 — Collection of fines
Part 9 — Operation of collection orders after increase imposed

    82

 

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

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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

10

  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.

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          (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

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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

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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

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              (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—

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

following increase), or

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              (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

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              (b)             P is making further information about his circumstances available.

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

 

 

Courts Bill [HL]
Schedule 5 — Collection of fines
Part 9 — Operation of collection orders after increase imposed

    83

 

              (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-

5

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

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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

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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

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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

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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—

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              (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—

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

              (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.

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

appeal to the magistrates’ court against it.

 

 

Courts Bill [HL]
Schedule 5 — Collection of fines
Part 9 — Operation of collection orders after increase imposed

    84

 

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

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to be kept by section 98;

              (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

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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

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              (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

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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

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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).

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          (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.

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          (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;

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

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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);

45

 

 

Courts Bill [HL]
Schedule 5 — Collection of fines
Part 10 — Supplementary provisions

    85

 

              (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

5

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—

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              (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

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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

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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

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                    (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

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              (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

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or paragraph 37.

Part 10

Supplementary provisions

Fines collection regulations

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

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

 

 

Courts Bill [HL]
Schedule 5 — Collection of fines
Part 10 — Supplementary provisions

    86

 

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

Schedule and section 97 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)

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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

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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;

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              (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

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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

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              (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

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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);

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               “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.

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  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—

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

particular,

 

 

 
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