Valid from 23/02/2004
Modifications etc. (not altering text)
C1Sch. 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)
C2Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)
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.
(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 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 the order, P’s liability to pay that part is extinguished.
Commencement Information
I1Sch. 5 para. 35 wholly in force at 5.4.2004; Sch. 5 para. 35 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 35 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 35 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 35 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)