The Collection of Fines (Final Scheme) Order 2006

• Citation: S.I. 2006/1737
• Sections: 54

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Collection of Fines (Final Scheme) Order 2006 and shall come into force on 3 rd July 2006.

(2) Subject to paragraph (3), this Order extends only to England and Wales.

(3) An amendment or repeal made by this Order has the same extent as the enactment to which it relates.

Section 2 Final scheme

Schedule 5 to the Courts Act 2003, as amended by this Order, shall have effect—

(a) in all local justice areas; and

(b) indefinitely.

Section 3 Transitional provision

(1) Unless a court orders otherwise, where a collection order has not been made in relation to a sum imposed by a court prior to the coming into force of this Order, enforcement to recover that sum shall continue as if this Order had not been made.

(2) In this article—

“collection order” means an order made under Part 4 of Schedule 5 to the Courts Act 2003;

“enforcement” means any process or order for the purposes of recovering a sum imposed by a court; and

“sum imposed by a court” means a sum adjudged to be paid as mentioned in paragraph 1 of Schedule 5 to the Courts Act 2003.

Section 4 Amendments to Schedule 5 to the Courts Act 2003

Amend Schedule 5 to the Courts Act 2003 (collection of fines) as follows.

Section 5 Amendments to Schedule 5 to the Courts Act 2003

In the heading to that Schedule after “FINES” add “AND OTHER SUMS IMPOSED ON CONVICTION”.

Section 6 Amendments to Schedule 5 to the Courts Act 2003

For paragraph 1 (application of Schedule) substitute—

Application of Schedule

(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 a conviction of a magistrates' court.

Section 7 Amendments to Schedule 5 to the Courts Act 2003

For paragraph 2 (meaning of “the sum due”) substitute—

Meaning of “the sum due” etc

(2)

(1) In this Schedule “the sum due” means the sum adjudged to be paid as mentioned in paragraph 1.

(2) For the purposes of this Schedule—

a “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction; and

“a sum required to be paid by a compensation order” means any sum required to be paid by an order made under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000.

Section 8 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 3 (meaning of “existing defaulter” etc)—

(a) in sub-paragraph (1)—

(i) omit sub-paragraph (a); and

(ii) in sub-paragraphs (c) and (d), for “1(1)” substitute “1”;

(b) omit sub-paragraph (5); and

(c) omit sub-paragraph (6).

Section 9 Amendments to Schedule 5 to the Courts Act 2003

Omit Part 2 (immediate payment of fines: discounts).

Section 10 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 7 (application of Part 3)—

(a) for sub-paragraph (1) substitute—

(1) This Part does not apply where the court is hearing P’s case following an appeal under paragraph 23, 32 or 37(9).

(b) in sub-paragraph (2)(b) omit “if sub-paragraph (1)(b) applies,”;

(c) after sub-paragraph (2) add—

(3) For the purposes of this Schedule—

(a) an attachment of earnings order, or

(b) an application for benefit deductions,

is an order or application to secure the payment of the whole of the sum due.

Section 11 Amendments to Schedule 5 to the Courts Act 2003

After paragraph 7 insert—

Attachment of earnings order or application for benefit deductions where P is liable to pay compensation

(7A)

(1) This paragraph applies if the sum due consists of or includes a sum required to be paid by a compensation order.

(2) The relevant court must make an attachment of earnings order if it appears to the court—

(a) that P is in employment, and

(b) that it is not impracticable or inappropriate to make the order.

(3) The relevant court must make an application for benefit deductions if it appears to the court—

(a) that P is entitled to a relevant benefit, and

(b) that it is not impracticable or inappropriate to make the application.

(4) If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.

Section 12 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 8 (attachment of earnings order or application for benefit deductions without P’s consent), for sub-paragraph (1) substitute—

(1) This paragraph applies if—

(a) paragraph 7A does not apply, and

(b) the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.

Section 13 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 9 (attachment of earnings order or application for benefit deductions with P’s consent), for sub-paragraph (1) substitute—

(1) This paragraph applies if—

(a) paragraph 7A does not apply, and

(b) the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

Section 14 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 11 (application of Part 4), for sub-paragraph (1) substitute—

(1) This Part applies whether or not the relevant court has made an attachment of earnings order or an application for benefit deductions under Part 3 of this Schedule.

Section 15 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 13 (contents of collection order: general), for sub-paragraph (1)(a) substitute—

(a) state the amount of the sum due,

(aa) where that sum consists of or includes a fine or a sum required to be paid by a compensation order, state—

(i) the amount of the fine, or the amount required to be paid by the compensation order (or, if applicable, the amount of the fine and the amount required to be paid by the compensation order), and

(ii) the amount of any other part of the sum due,

Section 16 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 15 (contents of collection orders: attachment of earnings order etc made), in sub-paragraph (2) omit “, 35, 36”.

Section 17 Amendments to Schedule 5 to the Courts Act 2003

Omit Part 5 (discount where collection order made).

Section 18 Amendments to Schedule 5 to the Courts Act 2003

After paragraph 24 (nature of power to vary terms of collection order), insert—

Meaning of “in default on a collection order”

(24A) For the purposes of this Schedule, P is in default on a collection order if he fails to pay any amount due under the payment terms (or, if they have effect, the reserve terms) on or before the date on which it is required to be paid.

Section 19 Amendments to Schedule 5 to the Courts Act 2003

Omit—

(a) paragraph 27 (increase in fine); and

(b) paragraph 28 (notice of increase).

Section 20 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 31 (application to fines officer for variation of reserve terms), in sub-paragraph (1)(a) for “an increase is imposed under paragraph 33” substitute “a further steps notice is delivered to him under paragraph 37”.

Section 21 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 32 (appeal against decision of fines officer), in sub-paragraph (2)(b), at the end of that sub-paragraph insert “or other sums”.

Section 22 Amendments to Schedule 5 to the Courts Act 2003

Omit—

(a) paragraph 33 (increase in fine on first default); and

(b) paragraph 34 (notice of increase).

Section 23 Amendments to Schedule 5 to the Courts Act 2003

For the heading to Part 9 substitute “FURTHER STEPS”.

Section 24 Amendments to Schedule 5 to the Courts Act 2003

Omit—

(a) paragraph 35 (effect of compliance with requirement to contact fines officer); and

(b) paragraph 36 (application to fines officer after increase for variation of payment terms).

Section 25 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice)—

(a) for sub-paragraph (1) substitute—

(1) This paragraph applies if—

(a) P is in default on a collection order,

(b) paragraph 26 does not apply, and

(c) none of the following is pending—

(i) an application under paragraph 31(1) (application to fines officer for variation and reserve terms),

(ii) an appeal under paragraph 32(1) (appeal against decision of fines officer),

(iii) a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).

(b) omit sub-paragraphs (2) to (5).

Section 26 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 38 (the range of further steps available against defaulters), for sub-paragraph (1)(e) substitute—

(e) taking proceedings by virtue of section 87(1) of the 1980 Act (enforcement of payment of fines by High Court and county court).

Section 27 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 39 (powers of court after increase)—

(a) omit sub-paragraphs (1)(a) and (2);

(b) in sub-paragraph (3)—

(i) for “an appeal or” substitute “a”; and

(ii) for “(1)(a) or (b)” substitute “(1)(b)”;

(c) in the following sub-paragraphs, at the end of each sub-paragraph insert “or other sums”—

(i) sub-paragraph (3)(c);

(ii) sub-paragraph (4)(d);

(d) in the heading to paragraph 39, omit “after increase”.

Section 28 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 42 (power of fines officer to refer case to magistrates' court)—

(a) in sub-paragraph (2)—

(i) for sub-paragraph (b) substitute—

(b) exercise any of its standard powers in respect of persons liable to pay fines or other sums, or

(ii) in sub-paragraph (c) omit “to the extent permitted by fines collection regulations,”;

(b) after sub-paragraph (2) insert—

(2A) Where the court exercises any of its standard powers under sub-paragraph (2)(b) it may also discharge the order.

Section 29 Amendments to Schedule 5 to the Courts Act 2003

After paragraph 42 insert—

Increase in fine by court

(42A)

(1) This paragraph applies where—

(a) P is in default on a collection order,

(b) the sum due consists of or includes a fine, and

(c) the fines officer has referred P’s case to the court—

(i) under paragraph 37(6)(a), or

(ii) after taking any of the steps listed in paragraph 38.

(2) Where the court is satisfied that the default is due to P’s wilful refusal or culpable neglect, the court may increase the fine which is the subject of the order.

(3) But the court may not increase any other sum which is the subject of the order.

(4) 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.

(5) The increase is given effect by treating it as part of the fine imposed on P by his conviction.

Section 30 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 44 (fines collection regulations), in sub-paragraph (1) for “1(1)” substitute “1”.

Section 31 Amendments to Schedule 5 to the Courts Act 2003

Omit paragraph 47 (fines collection regulations).

Section 32 Amendments to Schedule 5 to the Courts Act 2003

In paragraph 49 (offence of meddling with a vehicle clamp), in sub-paragraph (1) omit “after increase”.

Section 33 Amendments to Schedule 5 to the Courts Act 2003

For paragraph 50 (meaning of “standard powers in respect of persons liable to pay fines”) substitute—

Meaning of “standard powers in respect of persons liable to pay fines or other sums”

(50) In this Schedule “standard powers in respect of persons liable to pay fines or other sums” means any power 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.

Section 34 Amendments to the Attachment of Earnings Act 1971

The Attachment of Earnings Act 1971 is amended as follows.

Section 35 Amendments to the Attachment of Earnings Act 1971

In section 1 (courts with power to attach earnings)—

(a) in subsection (3)—

(i) at the end of paragraph (a) insert “or”; and

(ii) omit paragraph (b);

(b) omit subsection (4).

Section 36 Amendments to the Attachment of Earnings Act 1971

After section 1 insert—

Orders to which this Act applies

(1A) The following provisions of this Act apply, except where otherwise stated, to attachment of earnings orders made, or to be made, by any court under this Act or under Schedule 5 to the Courts Act 2003, or by a fines officer under that Schedule.

Section 37 Amendments to the Attachment of Earnings Act 1971

In section 3 (application for order and conditions of court’s power to make it)—

(a) before subsection (1) insert—

(A1) This section shall not apply to an attachment of earnings order to be made under Schedule 5 to the Courts Act 2003.

(b) omit—

(i) subsection (3B); and

(ii) subsection (3C).

Section 38 Amendments to the Attachment of Earnings Act 1971

In section 6 (effect and contents of order)—

(a) in subsection (1)—

(i) after “to the court” insert “, or as the case may be the fines officer, making the order”;

(ii) in paragraph (b), after “the court” insert “, or where the order is made under Schedule 5 to the Courts Act 2003, as the court or the fines officer as the case may be,”;

(b) in subsection (5), at the beginning insert “Subject to subsection (5A) below,”; and

(c) After subsection (5) insert—

(5A) If the order is made under Schedule 5 to the Courts Act 2003 then it shall specify the percentage deduction rate in accordance with fines collection regulations made under that Schedule.

Section 39 Amendments to the Attachment of Earnings Act 1971

In section 8 (interrelation with alternative remedies open to creditors), for subsection (5) substitute—

(5) An attachment of earnings order made to secure—

(a) any payment mentioned in section 1(3)(c) of this Act; or

(b) the payment of any sum mentioned in paragraph 1 of Schedule 5 to the Courts Act 2003,

shall cease to have effect on the issue of a warrant committing the debtor to prison for default in making that payment.

Section 40 Amendments to the Attachment of Earnings Act 1971

In section 9 (variation, lapse and discharge of orders)—

(a) in subsection (1), after “The court” insert “, or where an attachment of earnings order is made under Schedule 5 to the Courts Act 2003, the court or the fines officer as the case may be,”;

(b) in subsection (3)—

(i) in paragraph (a) after “order” insert “made under this Act”, and

(ii) after paragraph (a) insert—

(aa) as to the circumstances in which an attachment of earnings order made under Schedule 5 to the Courts Act 2003 may be varied or discharged by the court or the fines officer of its or his own motion;

(c) in subsection (4)—

(i) after “until the court” insert “, or where the order was made under Schedule 5 to the Courts Act 2003, unless and until the court or the fines officer as the case may be,”; and

(ii) after “to the court” insert “or the fines officer (as the case may be)”.

Section 41 Amendments to the Attachment of Earnings Act 1971

(1) Section 14 (power of court to obtain statement of earnings etc) is amended as follows—

(2) In subsection (1)—

(a) after “power” insert “under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,”;

(b) for “it” substitute “the court or the fines officer, as the case may be,”;

(c) in paragraph (a) after “court” insert “or the fines officer, as the case may be”; and

(d) in paragraph (b)—

(i) after “appearing to the court” insert “or the fines officer, as the case may be,”; and

(ii) for “give to the court,” substitute “give to the court or the fines officer, as the case may be,”.

(3) In subsection (2)—

(a) after “court” insert “or the fines officer, as the case may be,”; and

(b) for “it” substitute “the court”.

(4) In subsection (4), at the end add—

This subsection does not apply to an attachment of earnings order to be made under Schedule 5 to the Courts Act 2003.

(5) In subsection (5)—

(a) after “power” insert “under this Act or under Schedule 5 to the Courts Act 2003, or a fines officer has power under that Schedule,”; and

(b) after “the court” insert “or the fines officer, as the case may be,”.

Section 42 Amendments to the Attachment of Earnings Act 1971

In section 15 (obligation of debtor and his employers to notify changes of employment and earnings)—

(a) the existing words become subsection (1);

(b) in subsection (1)(c) for “what court” substitute “, or (if the order was made by a fines officer) for, which court”; and

(c) after subsection (1) insert—

(2) In the case of an attachment of earnings order made by a fines officer, the reference to “the court” in subsection (1)(a) above shall mean the court for which that order was made.

Section 43 Amendments to the Attachment of Earnings Act 1971

In section 17 (consolidated attachment orders)—

(a) in subsection (1)—

(i) after “those sections” insert “or under Schedule 5 to the Courts Act 2003, and the powers of a fines officer under that Schedule,”;

(ii) after “section 1(3)” insert “of this Act and paragraph 1 of Schedule 5 to the Courts Act 2003”; and

(b) in subsection (3)—

(i) in paragraph (a) after “another” insert “or (where Schedule 5 to the Courts Act 2003 applies) from a court or a fines officer, as the case may be, acting in one local justice area, to a court or a fines officer, as the case may be, acting in another local justice area”;

(ii) for paragraph (b) substitute—

(b) for enabling a court or a fines officer, as the case may be, to which or to whom any order, proceedings or functions have been transferred under the rules to vary or discharge an attachment of earnings order made by another court or fines officer and to replace it (if the court, or fines officer as the case may be, thinks fit) with a consolidated attachment order;

(iii) in paragraph (c) for “of its” substitute “or a fines officer, as the case may be, of its or his”.

Section 44 Amendments to the Attachment of Earnings Act 1971

In section 25 (general interpretation), after the definition of “the employer” insert—

“the fines officer”, in relation to a debtor who is subject to a collection order made under Schedule 5 to the Courts Act 2003, means any fines officer working at the fines office specified in that order;

Section 45 Amendments to the Attachment of Earnings Act 1971

In Part 1 of Schedule 3 (deductions by employer under attachment of earnings order)—

(a) in paragraph 6 (employer’s deduction: other cases) in sub-paragraph (1) for “does” substitute “and paragraph 6A below do”; and

(b) after paragraph 6 insert—

(6A) In the case of an attachment of earnings order made under Schedule 5 to the Courts Act 2003, the employer shall make deductions from the debtor’s earnings in accordance with fines collection regulations made under that Schedule.

Section 46 Amendments to the Magistrates' Courts Act 1980

The Magistrates' Courts Act 1980 is amended as follows.

Section 47 Amendments to the Magistrates' Courts Act 1980

In section 83 (process for securing attendance of offender for purposes of section 82)—

(a) in subsection (2) for “under this section” substitute “issued under this section, or by virtue of Schedule 5 to the Courts Act 2003”; and

(b) in the heading to section 83, omit “for purposes of section 82”.

Section 48 Amendments to the Magistrates' Courts Act 1980

In section 87 (enforcement of payment of fines by High Court and county court)—

(a) after subsection (1) insert—

(1A) For the purposes of taking the step mentioned in paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, the reference in subsection (1) above to “the designated officer for the magistrates' court” shall be construed as a reference to the fines officer.

(b) after subsection (3) insert—

(3A) The fines officer shall not, for the purposes of taking the step mentioned in paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, take proceedings by virtue of subsection (1) above to recover from any person a sum mentioned in paragraph 1 of that Schedule, unless the fines officer has made an inquiry into that person’s means and he appeared to the fines officer to have sufficient means to pay the sum forthwith.

Section 49 Amendments to the Magistrates' Courts Act 1980

In section 89 (transfer of fine order)—

(a) in subsection (1)—

(i) after “to the court” insert “, or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be,”; and

(ii) after “Wales, the court” insert “or the fines officer, as the case may be,”

(b) for subsection (2) substitute—

(2) As from the date on which a transfer of fine order is made with respect to any sum, all functions under this Part of this Act or under Schedule 5 to the Courts Act 2003 relating to that sum which, if no order had been made, would have been exercisable by any court or person mentioned in column 1 of the Table below shall be exercisable by the court or person mentioned in the corresponding entry in column 2, and not otherwise.

Table

(A) The court which made the order.

(B) A court acting in the same local justice

In either case, a court acting in the local justice area specified in the order.

(A) The fines officer who made the order.

(B) A fines officer acting in the same local justice area as was the court which made the order.

In either case, a fines officer acting in the local justice area specified in the order.

(c) in subsection (2A) after “court” insert “under this Part of this Act”; and

(d) in subsection (3) for “by which” substitute “or a fines officer, as the case may be, by which or whom”.

Section 50 Amendments to the Magistrates' Courts Act 1980

In section 90 (transfer of fines to Scotland or Northern Ireland)—

(a) in subsection (1)—

(i) after the first occurrence of “the court” insert “(or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be)”; and

(ii) after the second occurrence of “the court” insert “(or the fines officer as the case may be)”;

(b) in subsection (3), for “the court which made the order or by the designated officer for that court” substitute “a magistrates' court in England and Wales or by the designated officer for that court, or by a fines officer”; and

(c) in subsection (3A) after “court” insert “under this Part of this Act”.