The Fines Collection Regulations 2004

Application with modifications of the Attachment of Earnings Act 1971

4.  In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the Attachment of Earnings Act 1971(1) applies to attachment of earnings orders made under Schedule 5 as it applies to such orders made under that Act but with the following modifications—

(a)delete section 1(3)(b);

(b)in section 1(4) insert at the end “or by a fines officer under Schedule 5 to the Courts Act 2003”;

(c)delete section 3(3B);

(d)in section 6(1) after the first and second references to “the court” and in sections 7, 9(1) and (4) and 12(2) after the references to “the court” insert “or, as the case may be, the fines officer”;

(e)delete section 6(5) and for Part I of Schedule 3 substitute the following Part I—

“PART ITABLES OF PERIODICAL DEDUCTIONS FROM EARNINGS

Table ADeductions from Weekly Earnings

Table BDeductions from Monthly Earnings

Table CDeductions from Daily Earnings

(f)in section 6(7)(c) after “in the case of an order made by a magistrates' court,” insert “a fines officer of that court or”;

(g)in section 8(5) for “section 1(3)(b) and (c) of this Act” substitute “paragraph 1 of Schedule 5 to the Courts Act 2003 or section 1(3)(c) of this Act”;

(h)rules of court under section 9(3)(b) shall not apply to attachment of earnings orders under Schedule 5 to the Courts Act 2003;

(i)in section 14—

(i)after any reference to “a court” insert “or, as the case may be, a fines officer” and after any reference to “the court” insert “or, as the case may be, the fines officer”;

(ii)in subsections (1) for “it” substitute “the court or, as the case may be, the fines officer” and in subsection (2)(b) after “it” insert “or, as the case may be, him”; and

(iii)delete subsection (3);

(j)rules of court having effect under the words from “and of any other prescribed matters” to the end of section 14(4) shall not apply;

(k)in section 15, in paragraph (a) after the reference to “the court” insert “or, as the case may be, the fines officer” and in paragraph (c) after the reference to “what court” insert “or, as the case may be, which fines officer” and after the reference to “that court” insert “or, as the case may be, that fines officer”;

(l)in section 17(1) after “under those sections” insert “or under Schedule 5 of the Courts Act 2003” and at the end insert “or in paragraph 1 of that Schedule”; and

(m)in section 25 after subsection (1) insert the following subsection—

“(1A) In this Act “fines officer” has the meaning given—

(a)in respect of cases subject to the national pilot scheme under article 2 of the Collection of Fines (Pilot Schemes) Order 2004, by paragraph 26(4) of Schedule 5 to the Courts Act 2003 as modified by that Order, and

(b)in respect of cases subject to a local pilot scheme under article 3 of that Order, by paragraph 13(2) of that Schedule.”.