SCHEDULES

C1C2SCHEDULE 5Collection of fines

Annotations:
Modifications etc. (not altering text)
C1

Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)

Part 6Variation of collection orders containing payment terms

Application to fines officer for variation of order or attachment of earnings order etc.

I122

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.