|
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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. | 5 |
(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. | 10 |
(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— | 15 |
(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 | 20 |
“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. | 25 |
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 | 30 |
(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— | 35 |
(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. | |
| |
| |
|
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| |
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, | 5 |
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. | 10 |
(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. | 15 |
(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 | 20 |
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. | 25 |
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); | 30 |
(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. | 35 |
(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— | 40 |
(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). | |
| |
| |
|
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| |
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 | 5 |
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. | 15 |
(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 | 20 |
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 | 25 |
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 | 30 |
(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 | 35 |
(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 | 40 |
(b) P is making further information about his circumstances available. | |
(4) On such an application being made, the fines officer may decide— | |
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| |
|
| |
| |
(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 | 10 |
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 | 15 |
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 | 20 |
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 | 25 |
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— | 30 |
(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— | 35 |
(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. | 40 |
(9) P may, within 10 working days from the date of the further steps notice, | |
appeal to the magistrates’ court against it. | |
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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 | 5 |
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 | 10 |
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 | 15 |
(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 | 20 |
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 | 25 |
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). | 30 |
(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. | 35 |
(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 | 40 |
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 |
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| |
|
| |
| |
(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— | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
(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 | 30 |
(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 | 35 |
or paragraph 37. | |
Part 10 | |
Supplementary provisions | |
Fines collection regulations | |
43 In this Schedule “fines collection regulations” means regulations made by | 40 |
the Lord Chancellor for the purpose of giving effect to this Schedule. | |
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| |
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) | 5 |
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 | 10 |
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; | 15 |
(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 | 20 |
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 | 25 |
(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 | 30 |
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); | 35 |
“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. | 40 |
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— | 45 |
(a) makes a statement which he knows to be false in a material | |
particular, | |
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