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Part 2 | |
The fines collection scheme: main components | |
Meaning of “in default” | |
4 For the purposes of this Schedule, P is in default on a collection order if he | |
fails to pay any amount due under the terms of the order on the date on | 5 |
which it is required to be paid. | |
Nature of power to vary terms of collection order, and to vary them in P’s favour | |
5 (1) A power to vary the terms of a collection order includes power to— | |
(a) substitute terms requiring payment by instalments for a term | |
allowing time for payment, or | 10 |
(b) substitute a term allowing time for payment for terms requiring | |
payment by instalments. | |
(2) Subject to sub-paragraph (1), a power to vary the terms of a collection order | |
under which the sum due is required to be paid on a specified date is a | |
power to vary the date on which the sum due is to be paid. | 15 |
(3) Subject to sub-paragraph (1), a power to vary the terms of a collection order | |
under which the sum due is required to be paid by instalments is a power to | |
vary— | |
(a) the number of instalments payable; | |
(b) the amount of any instalment; | 20 |
(c) the date on which any instalment becomes payable. | |
(4) Any variation of the terms of a collection order under which smaller | |
instalments are required to be paid over a longer period is to be regarded as | |
a variation in P’s favour. | |
Discount on fine if the sum due is paid without default | 25 |
6 (1) A discount on a fine is available if— | |
(a) the terms of the collection order require the sum due (or an | |
outstanding part of the sum due) to be paid within a specified | |
period, and | |
(b) the sum due (or the outstanding part of the sum due), less the | 30 |
amount of the discount, is paid at or before the end of that period | |
without P having been at any time in default on the order. | |
(2) A discount on a fine is also available if— | |
(a) the terms of the collection order require the sum due (or outstanding | |
amounts of the sum due) to be paid by instalments, and | 35 |
(b) the instalments (or the outstanding instalments), less the amount of | |
the discount, are paid without P having been at any time in default | |
on the order. | |
(3) The amount of the discount is to be determined in accordance with fines | |
collection regulations but must not be greater than 50% of the fine. | 40 |
(4) The discount is given effect by extinguishing P’s liability to pay the part of | |
the sum due that is equal to the amount of the discount. | |
(5) Sub-paragraphs (1) and (2) do not apply if P is in default— | |
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(a) on another collection order, or | |
(b) in payment of a sum due in respect of which no collection order has | |
been made. | |
Application to fines officer for variation of the initial terms of the order | |
7 (1) P may, at any time— | 5 |
(a) after the collection order is made, and | |
(b) before he is in default on it, | |
apply to the fines officer for the initial terms of the order to be varied. | |
(2) On such an application being made, the fines officer may decide— | |
(a) to vary the initial terms of the order in P’s favour, or | 10 |
(b) not to vary them. | |
(3) A decision of the fines officer under this paragraph must be in writing, dated | |
and delivered to P. | |
(4) Subject to paragraph 8, the effect of a decision under sub-paragraph (2)(a) is | |
that the collection order has effect with the terms varied in the way decided | 15 |
by the fines officer. | |
Appeal against decision of fines officer | |
8 (1) P may, within 10 working days from the date of the decision under | |
paragraph 7, appeal to a magistrates’ court against the decision. | |
(2) On an appeal under this paragraph the magistrates’ court may— | 20 |
(a) confirm or vary the initial terms of the collection order, or | |
(b) discharge the order and exercise any of its standard powers in | |
respect of persons liable to pay fines. | |
Increase in fine on first default | |
9 (1) This paragraph applies if— | 25 |
(a) P is in default on the collection order, and | |
(b) none of the following is pending— | |
(i) an application under paragraph 7 (application to fines officer | |
for variation of the initial terms of the order); | |
(ii) an appeal under paragraph 8 (appeal against decision of fines | 30 |
officer); | |
(iii) a reference under paragraph 17 (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. | |
(3) The amount of the increase is to be determined in accordance with fines | 35 |
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— | |
(a) ranks after the liability to pay any other part of the sum due, and | 40 |
(b) is subject to paragraphs 11(6) and 14(2) (liability to increase | |
extinguished in cases of subsequent compliance). | |
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Notice of increase | |
10 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 him, in person or in writing, with a view to explaining why | |
he is in default on the order. | |
Effect of compliance with requirement to contact fines officer | |
11 (1) This paragraph applies if P contacts the fines officer as required by an | |
increase notice. | 10 |
(2) The fines officer may decide— | |
(a) to vary the terms of the collection order in P’s favour, or | |
(b) not to vary it. | |
(3) A decision of the fines officer under sub-paragraph (2) must be in writing, | |
dated and delivered to P. | 15 |
(4) P may, within 10 working days from the date of the decision under sub- | |
paragraph (2), appeal to a magistrates’ court against the decision. | |
(5) Subject to paragraph 14 (powers of court after increase), the effect of a | |
decision under sub-paragraph (2)(a) is to vary the terms of the order. | |
(6) If, after the terms of the order are varied by virtue of sub-paragraph (2)(a), | 20 |
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. | |
Functions of fines officer in relation to defaulters: referral or further steps notice | |
12 (1) This paragraph applies if P fails to contact the fines officer as required by an | 25 |
increase notice. | |
(2) This paragraph also applies if— | |
(a) P contacts the fines officer as required by an increase notice, | |
(b) the fines officer decides not to vary the collection order, and | |
(c) no appeal under paragraph 11(4) (appeal against decision about | 30 |
variation following increase) is pending. | |
(3) This paragraph also applies if, after the increase is imposed— | |
(a) there is a relevant variation of the terms of the collection order, but | |
(b) P is again in default on the order. | |
(4) “Relevant variation in the terms of the collection order” means— | 35 |
(a) a variation under paragraph 11(2)(a) (variation in P’s favour | |
following increase) in relation to which no appeal under paragraph | |
11(4) is pending, or | |
(b) a variation under paragraph 14(3)(a) (variation by court) on an | |
appeal under paragraph 11(4). | 40 |
(5) The fines officer must— | |
(a) refer P’s case to the magistrates’ court, or | |
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(b) deliver to P a notice (a “further steps notice”) that he intends to take | |
one or more of the steps listed in paragraph 13. | |
(6) Any steps that the fines officer intends to take must be specified in the notice. | |
(7) A further steps notice must be in writing and dated. | |
(8) P may within 10 working days from the date of the further steps notice | 5 |
appeal to the magistrates’ court against it. | |
The range of further steps available against defaulters | |
13 (1) The steps referred to in paragraphs 12(5)(b) and 14(3) and (4) (powers to take | |
further steps) are— | |
(a) issuing a warrant of distress for the purpose of levying the sum due; | 10 |
(b) registering the sum in the register of judgments and orders required | |
to be kept by section 90; | |
(c) making an attachment of earnings order; | |
(d) subject to sub-paragraph (3), making a clamping order; | |
(e) taking any other step permitted under provisions of fines collections | 15 |
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 | 20 |
(b) which complies with any requirements that are imposed by fines | |
collection regulations under paragraph 18 with respect to the making | |
of clamping orders. | |
(3) But 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 | 25 |
name. | |
Powers of court after increase | |
14 (1) This paragraph applies if the magistrates’ court is hearing P’s case | |
following— | |
(a) an appeal against a decision under paragraph 11(4) (appeal against | 30 |
decision about variation following increase), | |
(b) a referral under paragraph 12(5)(a) (functions of fines officer in | |
relation to defaulters), or | |
(c) an appeal under paragraph 12(8) (appeal against a further steps | |
notice). | 35 |
(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. | 40 |
(3) On an appeal or referral falling within sub-paragraph (1)(a) or (b), the court | |
may— | |
(a) vary the terms of the collection order; | |
(b) take any of the steps listed in paragraph 13; | |
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(c) discharge the order and exercise any of its standard powers in | |
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 13. | 5 |
Implementation of further steps notice | |
15 If— | |
(a) P does not appeal within 10 working days against a further steps | |
notice, or | |
(b) he does so but the further steps notice is confirmed or varied, | 10 |
any step specified in the notice (or the notice as varied) may be taken. | |
Power to order sale of clamped vehicle | |
16 (1) This paragraph applies if— | |
(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 | 15 |
paragraph 18 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 | |
those regulations, and | |
(b) any proceeds are to be applied in accordance with those regulations | 20 |
in discharging P’s liability in respect of the sum due. | |
Power of fines officer to refer case to magistrates’ court | |
17 (1) The fines officer may refer a case to the magistrates’ court at any time during | |
the period which— | |
(a) begins the day after the collection order is made, and | 25 |
(b) ends with the date on which— | |
(i) the sum due (including any increase) is paid in full, or | |
(ii) the order is discharged. | |
(2) On a referral under this paragraph, the court may— | |
(a) confirm or vary the terms of the order, | 30 |
(b) discharge the order and exercise any of its standard powers in | |
respect of persons liable to pay fines, or | |
(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 | 35 |
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 or any | |
other paragraph. | |
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Part 3 | |
Supplementary provisions | |
Supplementary provision with respect to clamping orders | |
18 (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 | 5 |
vehicles, make provision in connection with— | |
(a) the fitting of immobilisation devices; | |
(b) the fitting of immobilisation notices to motor vehicles to which | |
immobilisation devices have been fitted; | |
(c) the removal and storage of motor vehicles; | 10 |
(d) the release of motor vehicles from immobilisation devices or from | |
storage (including the conditions to be met before the vehicle is | |
released); | |
(e) the sale or other disposal of motor vehicles not released. | |
(2) Fines collection regulations must provide that an immobilisation device may | 15 |
not be fitted to a vehicle— | |
(a) which displays a current disabled person’s badge, or | |
(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— | 20 |
“disabled person’s badge” means a badge issued, or having effect as if | |
issued, under regulations made under section 21 of the Chronically | |
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 | 25 |
the Road Traffic Regulation Act 1984 (c. 27) (immobilisation of | |
vehicles illegally parked); | |
“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 | 30 |
purposes of this Schedule as it applies for the purposes of the Road | |
Traffic Acts. | |
Meddling with vehicle clamp | |
19 (1) A person commits an offence if he removes or attempts to remove— | |
(a) an immobilisation device, or | 35 |
(b) an immobilisation notice, | |
fitted or fixed to a motor vehicle in accordance with a clamping order made | |
under a further steps notice or under paragraph 14(3)(b) (powers of court | |
after increase). | |
(2) A person guilty of an offence under this paragraph is liable on summary | 40 |
conviction to a fine not exceeding level 3 on the standard scale. | |
Offence of giving false information to fines officer | |
20 (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— | |
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(a) makes a statement which he knows to be false in a material | |
particular, | |
(b) recklessly provides a statement which is false in a material | |
particular, or | |
(c) knowingly fails to disclose any material fact. | 5 |
(2) A person guilty of an offence under this paragraph is liable on summary | |
conviction to a fine not exceeding level 4 on the standard scale. | |
(3) A relevant request is a request for information about P’s financial | |
circumstances which— | |
(a) is made by a fines officer, and | 10 |
(b) is expressed to be made for the purpose of determining whether or | |
how the fines officer should vary the terms of a collection order in P’s | |
favour. | |
(4) Proceedings in respect of an offence under this paragraph may be | |
commenced at any time within— | 15 |
(a) 2 years from the date of the commission of the offence, or | |
(b) 6 months from its first discovery by the prosecutor, | |
whichever ends first. | |
Meaning of “standard powers in respect of persons liable to pay fines” | |
21 “Standard powers in respect of persons liable to pay fines” means any | 20 |
power— | |
(a) that a magistrates’ court would have had if P had not been subject to | |
a collection order but had been liable to pay the sum due, and | |
(b) which fines collection regulations apply (with or without | |
modifications) for the purposes of this Schedule. | 25 |
Meaning of “10 working days” | |
22 In this Schedule “10 working days” means any period of 10 days not | |
including— | |
(a) Saturday or Sunday, | |
(b) Christmas Day or Good Friday, or | 30 |
(c) any day which is a bank holiday in England and Wales under the | |
Banking and Financial Dealings Act 1971 (c. 80). | |
“The magistrates’ court” | |
23 In this Schedule “the magistrates’ court”, in relation to a collection order, | |
means any magistrates’ court acting in the local justice area in which the | 35 |
court which made the order was sitting. | |
Changes in residence | |
24 Fines collection regulations may make provision relating to cases where a | |
person who is subject to a collection order changes his place of residence. | |
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