Courts Act 2003 (c. 39)

(The document as of February, 2008)

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28 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 contact the fines officer, in person or in writing, with a view to reviewing the position.

Part 8 Operation of collection orders containing reserve terms

Application of Part

29 This Part applies if--

(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.

Requirement to notify P on failure of an attachment of earnings order etc.

30 The 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

Application to fines officer for variation of reserve terms

31 (1) P may, at any time--

(a) after the date of a payment notice under paragraph 30 and before an increase is imposed under paragraph 33, and

(b) when he is not in default on the collection order,

apply to the fines officer for the reserve terms to be varied.

(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 in P's favour, or

(b) not to vary them.

(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.

Appeal against decision of fines officer

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.

(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.

Increase in fine on first default

33 (1) This paragraph applies on the first occasion on which P is in default on the collection order and none of the following is pending--

(a) an application under paragraph 31(1) (application to fines officer for variation of reserve terms);

(b) an appeal under paragraph 32(1) (appeal against decision of fines officer);

(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 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

(b) is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).

Notice of increase etc.

34 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 contact the fines officer, in person or in writing, with a view to reviewing the position.

Part 9 Operation of collection orders after increase imposed

Effect of compliance with requirement to contact fines officer

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.

Application to fines officer after increase for variation of payment terms

36 (1) P may, at any time--

(a) after a relevant variation of the payment terms (or the reserve terms) and before paragraph 37 applies in relation to him, and

(b) when he is not in default on the collection order,

apply to the fines officer for those terms to be further varied.

(2) "Relevant variation of the payment terms (or the reserve terms)" means--

(a) a variation under paragraph 35(2)(a) (variation in P's favour following increase), or

(b) a variation under paragraph 39(3)(a) (variation by court).

(3) No application may be made under sub-paragraph (1) unless--

(a) there has been a material change in P's circumstances since--

(i) the relevant variation, or

(ii) the last variation under this paragraph, or

(b) P is making further information about his circumstances available.

(4) On such an application being made, 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.

(5) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.

(6) P may, within 10 working days from the date of a decision under sub-paragraph (4), appeal to the magistrates' court against the decision.

(7) Subject to paragraph 39, the effect of a decision under sub-paragraph (4)(a) is to vary the payment terms (or the reserve terms).

Functions of fines officer in relation to defaulters: referral or further steps notice

37 (1) This paragraph applies if P fails to contact the fines officer as required by an increase notice under paragraph 28 or 34.

(2) This paragraph also applies if--

(a) P contacts the fines officer as required by an increase notice under paragraph 28 or 34,

(b) the fines officer decides under paragraph 35(2) not to vary the payment terms (or the reserve terms), and

(3) This paragraph also applies if after the increase is imposed--

(a) there is a relevant variation of the payment terms (or the reserve terms),

(b) no relevant appeal is pending,

(d) no reference under paragraph 42 (power of fines officer to refer case to magistrates' court) is pending,

but P is again in default on the order.

(4) "Relevant variation of the payment terms (or the reserve terms)" has the same meaning as in paragraph 36.

(5) "Relevant appeal" means an appeal under--

(a) paragraph 35(4) (appeal against decision whether to vary following increase), or

(b) paragraph 36(6) (appeal against decision on application for further variation).

(6) The fines officer must--

(a) refer P's case to the magistrates' court, or

(b) deliver to P a notice (a "further steps notice") that he intends to take one or more of the steps listed in paragraph 38.

(7) Any steps that the fines officer intends to take must be specified in the notice.

(8) A further steps notice must be in writing and dated.

(9) P may, within 10 working days from the date of the further steps notice, appeal to the magistrates' court against it.

The range of further steps available against defaulters

38 (1) The steps referred to in paragraphs 37(6)(b) and 39(3) and (4) (powers to take further steps) are--

(a) issuing a warrant of distress for the purpose of levying the sum due;

(b) registering the sum in the register of judgments and orders required to be kept by section 98;

(d) subject to sub-paragraph (3), making a clamping order;

(e) taking any other step permitted under provisions of fines collection 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

(b) which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.

(3) A clamping order must not be made except in relation to a vehicle which is registered under the Vehicle Excise and Registration Act 1994 in P's name.

Powers of court after increase

39 (1) This paragraph applies if the magistrates' court is hearing P's case following--

(a) an appeal under paragraph 35(4) or 36(6) (appeals against decisions about variation following increase),

(b) a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or

(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.

(3) On an appeal or referral falling within sub-paragraph (1)(a) or (b), the court may--

(a) vary the payment terms (or the reserve terms);

(b) take any of the steps listed in paragraph 38;

(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 38;

(d) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.

Implementation of further steps notice

40 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,

any step specified in the notice (or the notice as varied) may be taken.

Power to order sale of clamped vehicle

41 (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 paragraph 46 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 in discharging P's liability in respect of the sum due.

Power of fines officer to refer case to magistrates' court

42 (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

(b) ends with the date on which--

(i) the sum due (including any increase to which he remains liable) is paid, or

(ii) the order is discharged.

(2) On a referral under this paragraph, the court may--

(a) confirm or vary the payment terms (or the reserve terms),

(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 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 paragraph or paragraph 37.

Part 10 Supplementary provisions

Fines collection regulations

43 In this Schedule "fines collection regulations" means regulations made by the Lord Chancellor for the purpose of giving effect to this Schedule.

44 (1) Fines collection regulations may, for the purpose of giving effect to this Schedule and section 97 so far as it relates to this Schedule, make provision modifying (or applying with modifications) any enactment which relates to fines or the enforcement of payment of sums falling within paragraph 1(1).

(2) The enactments which may be so modified (or applied with modifications) include enactments containing offences.

(3) Fines collection regulations may make different provision for different cases.

45 Fines collection regulations may, for the purpose of giving effect to the powers to make attachment of earnings orders, make provision as to the method for calculating the amounts which are to be deducted from P's earnings.

46 (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 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;

(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 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--

"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 (badges for display on motor vehicles used by disabled persons);
"immobilisation device" has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (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 (exceptions for certain vehicles) applies for the purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.

47 Fines collection regulations may make provision relating to cases where a person who is subject to a collection order changes his place of residence.

Offences of providing false information, failing to disclose information etc.

48 (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--

(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

(2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) P commits an offence if he fails to provide a statement of his financial circumstances to a fines officer in response to a relevant request.

(4) A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) A relevant request is a request for information about P's financial circumstances which--

(a) is made by a fines officer, and

(b) is expressed to be made for the purpose of determining whether or how the fines officer should vary the payment terms (or the reserve terms) of a collection order in P's favour.

(6) Proceedings in respect of an offence under this paragraph may be commenced at any time within--

(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.

Offence of meddling with vehicle clamp

49 (1) A person commits an offence if he removes or attempts to remove--

(a) an immobilisation device, or

(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 39(3)(b) (powers of court after increase).

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Meaning of "standard powers in respect of persons liable to pay fines"

50 In this Schedule "standard powers in respect of persons liable to pay fines" means any 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.

Meaning of references to pending appeals

51 For the purposes of this Schedule the period during which an appeal under this Schedule is pending is to be treated as including the period within which the appeal may be brought (regardless of whether it is in fact brought).

Meaning of "10 working days"

52 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

Meaning of "the magistrates' court"

53 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 court which made the order was sitting.

Section 97(2)

SCHEDULE 6 Discharge of fines by unpaid work

Introductory

1 (1) This Schedule applies if a person aged 18 or over ("P") is liable to pay a sum which is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by conviction of a magistrates' court.

(2) In this Schedule--

"the prescribed hourly sum" means such sum as may be prescribed by regulations;
"regulations" means regulations made under this Schedule by the Lord Chancellor;
"the relevant court" means--
(a)
the court imposing the liability to pay the relevant sum, or
(b)
if that liability has previously been imposed, the magistrates' court responsible for enforcing payment of the relevant sum;
"the relevant sum" means the sum for which P is liable as mentioned in sub-paragraph (1), but excluding any pecuniary compensation, any pecuniary forfeiture or any sum due in respect of prosecution costs.

Cases where work order may be made

2 (1) The relevant court may, on the application of a fines officer or of its own motion, make an order under this Schedule (a "work order") where--

(a) it appears to the court that in view of P's financial circumstances all the following methods of enforcing payment of the relevant sum are likely to be impracticable or inappropriate--

(i) a warrant of distress under section 76 of the 1980 Act,

(ii) an application to the High Court or county court for enforcement under section 87 of the 1980 Act,

(iii) an order under section 88 of the 1980 Act,

(iv) an attachment of earnings order,

(v) an application for deductions to be made by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support etc.), and

(vi) a collection order under Schedule 5,

(b) it appears to the court that P is a suitable person to perform unpaid work under this Schedule, and

(2) A court which is considering the making of a work order may issue a summons requiring P to appear before the court.

(3) A magistrates' court which is considering the making of a work order may order P to give to the court, within a specified period, such a statement of his means as the court may require.

(4) Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of statement of means) apply to an order made under sub-paragraph (3) as they apply to an order made under subsection (1) of that section.

Provisions of order

3 (1) A work order is an order requiring P to perform unpaid work for a specified number of hours, in accordance with instructions to be given by the fines officer, in order to discharge by virtue of this Schedule his liability for the relevant sum.

(2) The order must also--

(a) state the amount of the relevant sum,

(b) specify a fines office to which the order is allocated, and

(3) The specified number of hours is to be determined by dividing the relevant sum by the prescribed hourly sum and, where the result is not a whole number, adjusting the result upwards to the next whole number.

(4) A work order must specify a date ("the specified date") not later than which the required hours of unpaid work must be performed.

(5) In the following provisions of this Schedule "the fines officer", in relation to P, means any fines officer working at the fines office specified in the work order.

Effect of order on enforcement of payment

4 (1) Where a work order has been made in respect of the relevant sum, payment of that sum may not be enforced against P unless the order is revoked.

(2) On making a work order, the court must revoke any order relating to the enforcement of the payment of the relevant sum.

Appointment of, and duties of, supervisor

5 (1) A person may not be appointed as the supervisor without his consent.

(2) It is the duty of the supervisor--

(a) to monitor P's compliance with the requirements of the work order, and

(b) to provide the court with such information as the court may require relating to P's compliance with those requirements.

Obligations of person subject to work order, and effect of compliance

6 (1) Where a work order is in force, P must perform for the number of hours specified in the order such work, at such places and at such times as he may be instructed by the fines officer.

(2) The fines officer must ensure, as far as practicable, that any instructions given to P in pursuance of the work order are such as to avoid--

(a) any conflict with P's religious beliefs, and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(3) If not later than the specified date P performs work in accordance with the instructions of the fines officer for the specified number of hours, his liability to pay the relevant sum is discharged.

Effect of payment

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