HL Deb 12 November 2003 vol 654 cc1395-6

Application of Part

29 This Part applies if—

  1. (a)a collection order contains reserve terms, and
  2. (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—

  1. (a)that the order or application has failed and the reserve terms have effect,
  2. (b)what P has to do to comply with the reserve terms, and
  3. (c)of his right to make applications under paragraph 31.

Application to fines officer for variation of reserve terms

31(1) P may, at any time—

  1. (a)after the date of a payment notice under paragraph 30 and before an increase is imposed under paragraph 33, and
  2. (b) when he is not in default on the collection order,

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

  1. (a)there has been a material change in P's circumstances since the reserve terms were set (or last varied under this paragraph), or
  2. (b)P is making further information about his circumstances available.

(3) On such an application being made, the fines officer may decide—

  1. (a)to vary the reserve terms in P's favour, or
  2. (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—

  1. (a)confirm or vary the reserve terms, or
  2. (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—

  1. (a)an application under paragraph 31(1) (application to fines officer for variation of reserve terms);
  2. (b)an appeal under paragraph 32(1) (appeal against decision of fines officer);
  3. (c)a reference under paragraph 42 (power of fine 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—

  1. (a) ranks after the liability to pay any other part of the sum due, and
  2. (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")—

  1. (a)informing P of the increase, and
  2. (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.

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