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Courts Act 2003
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Changes over time for: Part 8
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Courts Act 2003, Part 8 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 75(6) inserted by 2022 c. 35 Sch. 4 para. 3(2)
- s. 76(2B) inserted by 2010 c. 26 Sch. 3 para. 14 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
- s. 81(6) inserted by 2022 c. 35 Sch. 4 para. 3(3)
- s. 85EA(5) words substituted by 2022 c. 32 Sch. 11 para. 29
- Sch. 5 para. 13(1)(ca) inserted by 2013 c. 22 s. 26(3)
Commencement Orders yet to be applied to the Courts Act 2003
Commencement Orders bringing provisions within this Act into force:
- S.I. 2005/547 art. 2 commences (2003 c. 39)
Part 8E+WOperation of collection orders containing reserve terms
Application of PartE+W
29 [F1(1)] This Part applies if—E+W
(a)a collection order contains reserve terms, and
(b)the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.
[F2(2)This Part also applies if (through the application of Part 6 by virtue of paragraph 21(2))—
(a)a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) contains reserve terms, and
(b)the attachment of earnings order or application for benefit deductions made under Part 6 fails.]
Textual Amendments
F1Sch. 5 para. 29 renumbered as Sch. 5 para. 29(1) (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 3(9)(a); S.I. 2023/1194, reg. 2(e)
F2Sch. 5 para. 29(2) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 3(9)(b); S.I. 2023/1194, reg. 2(e)
Commencement Information
I1Sch. 5 para. 29 wholly in force at 5.4.2004; Sch. 5 para. 29 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 29 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 29 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 29 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Requirement to notify P on failure of an attachment of earnings order etc.E+W
30E+WThe fines officer must deliver to P a notice (“a payment notice”) informing P—
(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.
Commencement Information
I2Sch. 5 para. 30 wholly in force at 5.4.2004; Sch. 5 para. 30 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 30 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 30 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 30 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Application to fines officer for variation of reserve termsE+W
31[F3(1)P may, at any time after the date of a payment notice under paragraph 30, apply to the fines officer for the reserve terms to be varied.]E+W
(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.
(3)On such an application being made, the fines officer may decide—
(a)to vary the reserve terms F4..., or
(b)not to vary them.
[F5(3A)The fines officer may not vary the reserve terms under sub-paragraph (3)(a) so that they are less favourable to P without P's consent.]
(4)A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
(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.
Textual Amendments
F3Sch. 5 para. 31(1) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 56(5)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46
F4Words in Sch. 5 para. 31(3)(a) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 56(5)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46
F5Sch. 5 para. 31(3A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 56(5)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 46
Commencement Information
I3Sch. 5 para. 31 wholly in force at 5.4.2004; Sch. 5 para. 31 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 31 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 31 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 31 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Appeal against decision of fines officerE+W
32(1)P may, within 10 working days from the date of a decision under paragraph 31(3), appeal to the magistrates' court against the decision.E+W
(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 [F6or other sums] .
Textual Amendments
F6Words in Sch. 5 para. 32(2)(b) inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 21
Commencement Information
I4Sch. 5 para. 32 wholly in force at 5.4.2004; Sch. 5 para. 32 not in force at Royal Assent see s. 110(1)(2); Sch. 5 para. 32 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); Sch. 5 para. 32 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); Sch. 5 para. 32 in force for all purposes at 5.4.2004 by S.I. 2004/174, art. 4(c)
Increase in fine on first defaultE+W
33E+WF7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 5 para. 33 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 22(a)
Notice of increase etc.E+W
34E+WF8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 5 para. 34 omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order (S.I. 2006/1737), arts. 1, 22(b)
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