Office of Public Sector Information
Section 97(1)
1 (1) This Schedule applies if a person aged 18 or over (“P”) is liable to pay a sum which—
(a) consists of or includes a fine, and
(b) 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 sub-paragraph (1)(a) “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction.
2 In this Schedule “the sum due” means the sum adjudged to be paid as mentioned in paragraph 1(1).
3 (1) For the purposes of this Schedule, P is an existing defaulter if it is shown that—
(a) he was required to pay the sum due immediately but failed to do so,
(b) the sum due or any other sum is registered for enforcement against him as a fine under—
(i) section 71 of the Road Traffic Offenders Act 1988,
(ii) section 9 of the Criminal Justice and Police Act 2001, or
(iii) any other enactment specified in fines collection regulations,
(c) he is in default on a collection order in respect of another sum falling within paragraph 1(1), or
(d) he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made.
(2) For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.
(3) Sub-paragraph (2) is subject to sub-paragraph (4).
(4) Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.
(5) In sub-paragraph (1)(a) “immediately” means, where P is informed of his liability to pay the sum due in a notice, within the period specified in the notice.
(6) The period so specified must be a period which—
(a) is not longer than 10 working days, and
(b) begins with the date of the notice.
(7) “Collection order” means an order made under Part 4 of this Schedule.
4 This Part applies if the court which is imposing the liability to pay the sum due concludes—
(a) that P should be required to pay the sum due immediately, and
(b) that he is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
5 The court must make an order—
(a) stating its conclusions on the matters referred to in paragraph 4(b),
(b) stating the amount of the sum due, the amount of the fine and the amount of any other part of the sum due, and
(c) informing P of the effect of paragraph 6.
6 (1) P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid in accordance with the terms of the order.
(2) 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.
(3) 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.
7 (1) This Part applies if—
(a) the court which is imposing the liability to pay the sum due concludes that P should not be required to pay the sum due immediately, or
(b) P was required to pay the sum due immediately but failed to do so.
(2) In the following provisions of this Part, “the relevant court” means—
(a) the court which is imposing the liability to pay the sum due, or
(b) if sub-paragraph (1)(b) applies, the magistrates' court responsible for enforcing payment of the sum due.
8 (1) This paragraph applies if the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.
(2) The 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 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.
9 (1) This paragraph applies if the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
(2) The court may make—
(a) an attachment of earnings order, or
(b) an application for benefit deductions,
if P consents.
10 In this Schedule—
(a) “relevant benefit” means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support etc.), and
(b) “application for benefit deductions”, in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.
11 (1) This Part applies if—
(a) the court imposing the liability to pay the sum due concludes that P should not be required to pay the sum due immediately, or
(b) P was required to pay the sum due immediately but failed to do so;
(and it applies whether or not the relevant court has made an attachment of earnings order or application for benefit deductions under Part 3 of this Schedule).
(2) In this Part “the relevant court” has the same meaning as in Part 3 of this Schedule.
12 (1) The relevant court must make an order (“a collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order.
(2) If P is subject to a collection order, the powers of any court to deal with P’s liability to pay the sum due are subject to the provisions of this Schedule and to fines collection regulations.
13 (1) The collection order must—
(a) state the amount of the sum due, the amount of the fine and the amount of any other part of the sum due,
(b) state the court’s conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,
(c) if the court has made an attachment of earnings order or an application for benefit deductions, state that fact,
(d) specify the fines office to which the order is allocated, and
(e) contain information about the effect of the order.
(2) In this Schedule “the fines officer”, in relation to P, means any fines officer working at the fines office specified in the collection order.
14 (1) If the relevant court has not under Part 3 made an attachment of earnings order or an application for benefit deductions, the collection order must state the payment terms.
(2) “The payment terms” means—
(a) a term requiring P to pay the sum due within a specified period, or
(b) terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.
15 (1) If the court has under Part 3 of this Schedule made an attachment of earnings order or an application for benefit deductions, the collection order must state the reserve terms.
(2) “The reserve terms” means terms of a description mentioned in paragraph 14(2) but which (subject to paragraphs 31, 32, 35, 36 and 39) are to have effect if the attachment of earnings order or application for benefit deductions fails.
16 For the purposes of this Schedule, an attachment of earnings order fails if—
(a) P’s employer fails to comply with the order, or
(b) the order is discharged at a time when P remains liable to pay any part of the sum due.
17 For the purposes of this Schedule, an application for benefit deductions fails if—
(a) the application is withdrawn,
(b) the Secretary of State decides not to make deductions,
(c) an appeal against a decision of the Secretary of State to make deductions succeeds, or
(d) the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.
18 This Part applies if—
(a) a collection order has been made in respect of the sum due, and
(b) the order states that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
19 (1) P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid without P at any time having been in default on the order.
(2) 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.
(3) 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.
20 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.
21 This Part applies if the court has made a collection order and the order contains payment terms.
22 (1) P may, at any time—
(a) after the collection order is made and before Part 7 applies, and
(b) when he is not in default on the order,
apply to the fines officer under this paragraph.
(2) P may apply for—
(a) the payment terms to be varied, or
(b) an attachment of earnings order or application for benefit deductions to be made.
(3) No application may be made under sub-paragraph (2)(a) unless—
(a) there has been a material change in P’s circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or
(b) P is making further information about his circumstances available.
(4) On an application under sub-paragraph (2)(a), the fines officer may decide—
(a) to vary the payment terms in P’s favour, or
(b) not to vary them.
(5) On an application under sub-paragraph (2)(b), the fines officer may decide—
(a) to make an attachment of earnings order or application for benefit deductions, or
(b) not to do so.
(6) If he decides to make an order or application he must vary the collection order so that it states reserve terms.
(7) The reserve terms must not be less favourable to P than the payment terms.
(8) A decision of the fines officer under this paragraph must be in writing, dated and delivered to P.
(9) Subject to paragraph 23, the effect of—
(a) a decision under sub-paragraph (4)(a), and
(b) a variation under sub-paragraph (6),
is that the collection order has effect as varied by the fines officer.
23 (1) P may, within 10 working days from the date of a decision under paragraph 22, appeal to the magistrates' court against the decision.
(2) On an appeal under this paragraph the magistrates' court may—
(a) confirm or vary the payment terms (or the reserve terms),
(b) if the appeal is against a decision on an application under paragraph 22(2)(b) or if P consents, make an attachment of earnings order or an application for benefit deductions, or
(c) discharge the collection order and exercise any of its standard powers in respect of persons liable to pay fines.
(3) If the court makes an attachment of earnings order or an application for benefit deductions, it must vary the collection order so that it states reserve terms.
24 (1) A power to vary the payment terms of a collection order includes power to—
(a) substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or
(b) substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.
(2) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.
(3) Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—
(a) the number of instalments payable;
(b) the amount of any instalment;
(c) the date on or before which any instalment is required to be paid.
(4) This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.
25 This Part applies on the first occasion on which P is in default on a collection order containing payment terms and none of the following is pending—
(a) an application under paragraph 22 (application to fines officer for variation of order or for attachment of earnings order etc.);
(b) an appeal under paragraph 23 (appeal against decision of fines officer);
(c) a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
26 (1) The fines officer must make an attachment of earnings order if it appears to him—
(a) that P is in employment, and
(b) that it is not impracticable or inappropriate to make the order.
(2) The fines officer must make an application for benefit deductions if it appears to him—
(a) that P is entitled to a relevant benefit, and
(b) that it is not impracticable or inappropriate to make the application.
(3) If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply, he must make either an attachment of earnings order or an application for benefit deductions.
27 (1) This paragraph applies if—
(a) an attachment of earnings order, or
(b) an application for benefit deductions,
made under paragraph 26 fails.
(2) This paragraph also applies if the fines officer does not make—
(a) an attachment of earnings order, or
(b) an application for benefit deductions,
under paragraph 26.
(3) An increase is imposed on the fine 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 on his conviction.
(6) 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).
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.
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.
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
(c) of his right to make applications under paragraph 31.
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.
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.
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);
(c) a reference under paragraph 42 (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 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).
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.
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.
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).
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
(c) no appeal under paragraph 35(4) (appeal against decision about variation following increase) is pending.
(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,
(c) no application under paragraph 36(1) (application for further variation in P’s favour) is pending, and
(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.
Courts Act 2003